Commission Highlights
The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled March 8, 2007 Commission meeting held in St. George, Utah.
1. After review of the Grant Thornton Bar Governance Report, the Commission acted on the specific recommendations as follows:
Recommendation #1 (Consider Changing Board Meeting Attendance Policies to Emphasize Transparency). In light of the discussion that the current Board composition works well, this recommendation was not adopted, particularly as it applied to proposal to limit ex-officio members’ attendance and participation. Commission will consider current policy of continuing to fund both ABA delegates, one of whom is chosen by the Commission and the other who is designated by the ABA. Suggestion made to make more use of a consent calendar to free up more time for more substantive issues.
Recommendation #2 (Formally Utilize the Non-Profit Framework When Analyzing Any Project that Falls Within the “Other” Category). This recommendation was tabled for further discussion in conjunction with Recommendation #3.
Recommendation #3 (Regularly Formulate and Document a Long-Term Strategy for the Bar). This recommendation was adopted. The recommendation will be developed further in April and implementation will begin in June.
Recommendation #4 (Restructure How the Executive Director is Employed, Compensated and Evaluated). This recommendation was discussed in Commission Executive Session.
Recommendation #5 (Institute Periodic Operational Audits of the Executive Director and Staff). Recommendation #5 was tabled for further discussion and development before implementation.
Recommendation #6 (Create an Independent Committee Function). This recommendation was not adopted at this point. The Commission decided that they need to more fully develop Recommendation # 3 first.
Recommendation # 7 (Establish a Whistle-Blower Function). This recommendation was adopted. The Commission will need to resolve details and how to meaningfully implement this recommendation.
Recommendation #8 (Implement the Use of a Board Governance Self Assessment Checklist). This recommendation was adopted. Commissioners agreed to complete the sample checklist in packet by April meeting, which will be tabulated for the June retreat. Suggestion made to also include any written comments. Thereafter, checklist needs to be modified to more accurately reflect the nature of the organization. Suggestions made for revised form include a “I don’t know” response, to shorten it, to format in an electronic form and possibly utilize a survey format in order to sort responses.
Recommendation #9 (Institute an Ongoing Conflict of Interest Policy for the Bar Staff.) This recommendation was also adopted. The Executive Director will use an appropriate policy tailored for employees.
Recommendation #10 (A Justice from the Court Should Attend at Least One Commission Meeting Annually). This recommendation was not adopted. Commission believes that members of the Court have an open invitation to attend any meeting at any time and are more than welcome to do so. Matty Branch, the Court’s representative to the Commission, is also in agreement with this assessment. (Observation made that “enforcement” would be difficult if recommendation were to be adopted in this form.)
2. The Commission approved name change of Fee Arbitration Committee to “Fee Dispute Resolution Committee” and raised threshold of claims from $1,500 to $3,000 to require only one arbitrator instead of a panel of three. These changes will go to the Utah Supreme Court for their consideration.
3. The Commission approved a new diversion rule with slight modifications which will be presented to the Utah Supreme Court for its consideration.
4. The Commission appointed Stewart Ralphs and Adam Caldwell to Governor’s Advisory Committee on Child Support Guidelines.
5. The Commission agreed to voice appropriate concerns to Governor’s Office in person or by letter relating to SB 221 as it may impact the separation of powers and inhibiting a fair and impartial judiciary.
A full text of this and other meetings of the Bar Commission are available at the office of the Executive Director.