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Policy & Governance Committee AGENDA BOG Policy & Governance Committee Meeting Date: February 12, 2021 Location: Videoconference Chair: Kamron Graham Vice-Chair: Kate Denning Members: Gabriel Chase, Kate Denning, John Grant, Rob Milesnick, Curtis Peterson, Joe Piucci, David Rosen Staff Liaison: Helen M. Hierschbiel Charge: Develops and monitors the governing rules and policies relating to the structure and organization of the bar; ensures that all bar programs and services comply with organizational mandates and achieve desired outcomes. Identifies and brings emerging issues to the BOG for discussion and action. 2021 PGC Work Plan 1. Wellness Task Force Report. Review report and decide whether to pursue any Exhibit Action 10 recommendations. 2. Evidence-Based Decision-Making Policy. Review Futures Task Force recommendation regarding evidence-based decision-making To Be Posted Action 10 policy and consider whether to adopt the recommended policy. 3. HOD Authority. Discuss whether to pursue changes to limits of HOD authority either Exhibit Action 10 through amendments to HOD Rules or Bar Act. 4. OSB Bylaw Overhaul. Review draft of OSB bylaw overhaul, splitting between policies and Exhibit Discussion 20 bylaws. 5. Bar Sponsorship of Lawyer Referral Services. Review issue presented by Legal Ethics Exhibit Discussion 20 Committee. February 12, 2021 Policy & Governance Committee Agenda Page 2 6. Section Program Review. Review feedback Exhibit Discussion 20 regarding proposed changes to bylaws. 7. Approve minutes of January 8, 2021 meeting. Exhibit Action 1 2021 POLICY & GOVERNANCE WORK PLAN February 12, 2021 draft 2021 AREAS OF TO DO TASKS IN PROCESS (PGC) PGC TASKS DONE IN PROCESS (BOG) BOG TASKS FOCUS 1. Identify information needed 1. Identify information needed for DONE for decision decision 2. Review information; provide 2. Review information; provide input input 3. Decide whether/what to 3. Decide action or refer back to recommend to BOG committee. Strategic Governance Adopt 2021 PGC Work • January—Review plan and 1/8/20 plan Plan decide whether to adopt or adopted revise. Determine priorities. Overhaul bylaws to • January—Review draft and shift details from provide input bylaws to policies Adopt bylaw that • June—Review leg session requires court results and consider approval of all bylaws whether or what bylaw (only if the proposed needed Bar Act Amendment regarding court approval of bylaws does not pass) Consider amendments • January—Review to HOD Rule 5.6 and background information OSB Bylaw 3.4 OR to and discuss whether to ORS 9.139(3)(d) pursue any changes • February—Continue discussion Consider amendments • June?? to OSB Bylaw Articles 11 and 12 based on the bar’s new 2021 Policy & Governance Work Plan Page 1 statutory mission (post-litigation only) Review and consider • April?? changes to PLF BOD appointment process. OSB Bylaw 23.1 and PLF Bylaw Article 3 Review National • February—Review report Wellness Task Force and determine whether to Report. Determine pursue any whether to pursue any recommendations recommendations Program Development, Review and Oversight Program Evaluation • April—Review program Review and Feedback evaluations; provide feedback Complete In-Depth • February—Review Program Review of comments and discuss Sections Complete Legal • April?? Publications In-Depth Review Bar-sponsorship of • February—Review LEC lawyer referral memo and discuss services RPC 5.4(a)(5) Consider whether to • April—Review information adopt specialty from jurisdictions with certification program programs and determine whether/how to proceed Policy Issues Consider adopting • January—Review draft 1/8/20 PGC February BOG meeting notice and feedback process and consider approved process for regulatory whether to recommend recommendation rule amendments BOG adoption to BOG 2021 Policy & Governance Work Plan Page 2 Consider adopting • January—Review draft 1/8/20 PGC February BOG meeting policy for public policy and consider approved comment at BOG whether to recommend recommendation meetings BOG adoption to BOG Follow up on Futures Task Force Recommendations Embrace Evidence- • January—Review draft Based Decision policy and consider Making whether to recommend • Adopt evidence- BOG adoption based decision- • February—Consider revised making policy draft. Consider • June—Review draft recommendations of proposal and provide Paraprofessional feedback Licensing Implementation Committee Request report from • April PLF on FTF Report Recommendation #6 re PMA resources & programming 2021 Policy & Governance Work Plan Page 3 RECOMMENDATIONS FOR REGULATORS “You can do what I cannot do. I can do what you cannot do. Together we can do great things.” — Mother Teresa egulators play a vital role in fostering individual who typically appear only when something has gone lawyer well-being and a professional culture that awry. Regulators can transform this perception by makes it possible. We broadly define “regulators” building their identity as partners with the rest of the legal Rto encompass all stakeholders who assist the highest community rather than being viewed only as its “police.” court in each state in regulating the practice of law.92 This definition includes lawyers and staff in regulatory Most regulators are already familiar with the 1992 offices; volunteer lawyer and non-lawyer committee, Report of the Commission on Evaluation of Disciplinary board, and commission members; and professional Enforcement—better known as the “McKay Commission liability lawyers who advise law firms and represent Report.”93 It recognized and encouraged precisely what lawyers in the regulatory process. we seek to do through this report: to make continual improvements to the lawyer regulation process to protect Courts and their regulators frequently witness the the public and assist lawyers in their professional roles. conditions that generate toxic professional environments, Accordingly, we offer the following recommendations to the impairments that may result, and the negative ensure that the regulatory process proactively fosters professional consequences for those who do not seek a healthy legal community and provides resources to help. Regulators are well-positioned to improve and rehabilitate impaired lawyers. adjust the regulatory process to address the conditions that produce these effects. As a result, we propose that 20. TAKE ACTIONS TO MEANINGFULLY the highest court in each state set an agenda for action COMMUNICATE THAT LAWYER WELL-BEING IS A and send a clear message to all participants in the legal PRIORITY. system that lawyer well-being is a high priority. 20.1. Adopt Regulatory Objectives That Prioritize Transform the Lawyer Well-Being. In 2016, the Conference of Chief Justices adopted a profession’s perception resolution recommending that each state’s highest court consider the ABA’s proposed Model Regulatory of regulators from Objectives.94 Among other things, those objectives police to partner. sought to encourage “appropriate preventive or wellness programs.” By including a wellness provision, the ABA recognized the importance of the human element in the To carry out the agenda, regulators should develop practice of law: To accomplish all other listed objectives, their reputation as partners with practitioners. The legal the profession must have healthy, competent lawyers. profession often has a negative perception of regulators, The Supreme Court of Colorado already has adopted 92See AM. BAR ASS’N RESOL. 105 (February 2016). 93AM BAR ASS’N COMM’N ON EVALUATION OF DISCIPLINARY ENFORCEMENT, LAWYER REGULATION FOR A NEW CENTURY: REPORT OF THE COMMISSION ON EVALUATION OF DISCIPLINARY ENFORCEMENT (1992), available at http://www.americanbar.org/groups/professional_responsibility/resources/report_archive/mckay_report.html. 94RESOL. 105, supra note 92. The Path To Lawyer Well-Being / Page 25 a version of the ABA’s Regulatory Objectives. In doing lawyer’s failure to satisfy the well-being requirement or so, it recommended proactive programs offered by the essential eligibility requirements. Enforcement should the Colorado Lawyer Assistance Program and other proceed only in the case of actionable misconduct in organizations to assist lawyers throughout all stages the client representation or in connection with disability of their careers to practice successfully and serve their proceedings under Rule 23 of the ABA Model Rules clients.95 The Supreme Court of Washington also recently for Disciplinary Enforcement. The goal of the proposed enacted regulatory objectives.96 amendment is not to threaten lawyers with discipline for poor health but to underscore the importance of well- We recommend that the highest court in each U.S. being in client representations. It is intended to remind jurisdiction follow this lead. Each should review the ABA lawyers that their mental and physical health impacts and Colorado regulatory objectives and create its own clients and the administration of justice, to reduce objectives that specifically promote effective lawyer stigma associated with mental health disorders, and to assistance and other proactive programs relating to well- encourage preventive strategies and self-care. being. Such objectives will send a clear message that the court prioritizes lawyer well-being, which influences 20.3. Expand Continuing Education Requirements competent legal services. This, in turn, can boost public to Include Well-Being Topics. confidence in the administration of justice. We recommend expanding continuing education 20.2. Modify the Rules of Professional
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