MINUTES
HAWAII STATE BAR ASSOCIATION
BOARD MEETING
1132 Bishop Street, Suite 906
Honolulu, HI 96813
Thursday, June 28, 2007, 11:30 a.m.
1. CALL TO ORDER
President Jeffrey Portnoy called the meeting to order at 11:35 a.m. with a quorum present. The following persons were present for all or part of the meeting.
Officers Present
Jeffrey Portnoy
Jeffrey Sia
Nathan Aipa
Roxann Bulman
Alfred Castillo (by phone)
Steven Chow
Jackie Erickson
Gregory Frey
Geraldine Hasegawa
Janice Kim
Carol Kitaoka
Steven Songstad
Trudy Burns Stone (by phone) Suzanne Terada
Jodi Kimura Yi
Jill Hasegawa for
Nichole Shimamoto
Board Members Absent
Louise Ing
Ronette Kawakami
Others Present
Anna Datta
David Farmer
Michael Gibson
Joanne Ha’o (by phone)
Cynthia Johiro
James Kawachika
Jo Kim
Catherine Levinson
Carol Muranaka
Brett Pruitt
HSBA Staff
Lyn Flanigan
Iris Ito
Debra White
2. APPROVAL OF MINUTES
Action taken: By consensus, the minutes of the board meetings on May 24th and May 29th were approved.
3. TREASURER’S REPORT – Treasurer Robert Godbey referred the Board to the written report included in the agenda.
4. COMMITTEE/REPRESENTATIVE REPORTS
a. HSBA Social - planning August event.
b. Rule 17 Committee - FYI only.
c. Policy Revision Committee - proposed amendments to the Constitution & Bylaws and the Board Policy Manual will be presented at the July meeting.
d. Delivery of Legal Services to the Public Committee – Committee Co-chair Michael Gibson reported on an informative Equal Justice Conference in Denver in March and noted that materials were brought back from the Conference. Co-chair Jo Kim reported that the Access to Justice Hui is working on a legal needs assessment which will include a community-wide action plan to address the civil legal needs of the poor. The Hui hopes to complete its report by July or August (see agenda Exhibit A).
e. Strategic Planning Committee – Director Steven Songstad reported that an interim strategic planning meeting is planned for this fall. The committee needs to determine the location and the participants.
f. Publications Committee – Committee Chair Carol Muranaka introduced the Board of Editors and the Hawaii Bar Journal publisher. She explained the process of Journal and the annual bar directory. President Portnoy raised the issue of the relationship between the Board of Editors and the HSBA Board. Due to a full agenda, it was decided that this issue should be more fully discussed at a future board meeting.
g. Judge Michael Town’s Presentation - postponed to July.
5. EXECUTIVE DIRECTOR’S REPORT – Executive Director Lyn Flanigan reported on the success of the auditions for the Hawaii Idle Lawyer, the upcoming RPost system for registered email, and the report on HSBA’s lawyer referral program by consultants of the ABA Program of Assistance and Review. See written report for other HSBA activities.
6. UNFINISHED BUSINESS
a. Proposed Definition of the “Practice of Law”
Action taken: After a report by Director and ad hoc committee chair Trudy Burns Stone and Consumer Protection Committee Chair Joanne Ha’o and discussion by the Board, a motion was made, seconded, and carried without opposition to adopt the recommendation of the Executive and the Ad Hoc Committees to approve the Consumer Protection Committee’s proposed definition of the “practice of law.” The Consumer Protection Committee will draft a letter to the Court for President Portnoy’s signature.
b. 2007 Revised Budget
Action taken: A motion was made, seconded, and carried without opposition to adopt the recommendation of the Executive and Finance Committees to approve the revised 2007 budget.
c. Request for Response/Information by HSBA Member David Rosen (see agenda item 6.c.)
Action taken: After discussion, a motion was made, seconded, and carried without opposition to adopt the recommendation of the Executive Committee that HSBA stand by its policy of not allowing access to the HSBA email system, that minutes of the special board meeting in May be made available to David Rosen, and that he be informed that he may write to the Hawaii Bar Journal Board of Editors to express his views.
d. Review “Of Counsel” Status proposed by Commission on Professionalism
Action taken: A motion was made, seconded, and carried without opposition to recommend Jacqueline Earle and Crystal Rose for the Commission on Professionalism’s subcommittee that will undertake a review of and develop a standardized definition for the “Of Counsel” status.
7. NEW BUSINESS
a. Proposed Amendment to RSCH 17(d) regarding Pro Bono Reporting (see agenda item 7.a.) – President Portnoy explained the proposed rule amendment. The board discussed supporting the Supreme Court’s version of the proposed rule amendment and not the Disciplinary Board’s version, however, it was noted that the Court was asking for comments on the DB’s version. A concern was expressed that bar members are not aware that mandatory reporting of pro bono hours is again being proposed and they should be informed before the Board votes upon this issue.
Action taken: After further discussion, a motion was made and seconded to support the proposed amendment to Rule 17(d) that would require mandatory reporting of pro bono service as presently defined in Rule 6.1 of the Hawaii Rules of Professional Conduct. The vote failed by a vote of 7 to 8. However, in the event that the proposed rule is amended, the Board authorized the Executive Director to work with the Supreme Court to develop a version of such rule which would be procedurally and technically satisfactory to all parties.
b. Upcoming Board Vacancies on LASH and NHLC
Action taken: A motion was made, seconded, and carried without opposition to adopt the recommendation of the HSBA Nominating Committee to reappoint Ray Enos for a 4-year term to the Native Hawaiian Legal Corporation Board; and to newly appoint Andrew Levin and reappoint Howard Luke, Galen Nakamura, Blake Oshiro, and Steven Songstad for 3-year terms to the Legal Aid Society of Hawaii Board.
c. Kona Courthouse Committee Request (see agenda item 7.c.)
Action taken: A motion was made, seconded, and carried without opposition to adopt the recommendation of the Executive Committee to approve an allocation of $500 out of Special Reserves to assist the West Hawaii Bar Association in organizing a forum to address their efforts for a new Kona Courthouse.
d. American Judicature Society – President Portnoy reported that lawyer representatives are needed on two new AJS committees: one to study the role of the Judiciary in Hawaii and the other to review the Hawaii Judicial Conduct Commission.
8. ADJOURNMENT
The meeting adjourned at 1:20 p.m.
Submitted by:
Lyn Flanigan
HSBA Executive Director