Board of Governors Meeting WSBA Conference Center Seattle, WA September 27-28, 2018

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Board of Governors Meeting WSBA Conference Center Seattle, WA September 27-28, 2018 PLEASE NOTE: ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE THURSDAY, SEPTEMBER 27, 2018 GENERAL INFORMATION... 2 1. AGENDA... 19 8:00 A.M. 2. EXECUTIVE SESSION a. Approve July 27-28, 2018, Executive Session Minutes (action)... E-2 b. Approve September 7, 2018, Emergency Executive Session Minutes (action)... E-7 c. President s and Executive Director s Reports d. Client Protection Board Gift Recommendation Julie Shankland (action)... E-8 e. Report on Executive Director Annual Evaluation Angela Hayes and Paula Littlewood... E-13 f. Litigation Report Julie Shankland... E-46 12:00 P.M. LUNCH WITH LIAISONS AND GUESTS 1:00 P.M. PUBLIC SESSION Welcome Report on Executive Session President s Report & Executive Director s Report Consideration of Consent Calendar * MEMBER AND PUBLIC COMMENTS This time period is for guests to raise issues of interest. OPERATIONAL UPDATED WSBA Mission: To serve the public and the members of the Bar, to ensure the integrity of the legal profession, and to champion justice. 3. FIRST READING/ACTION CALENDAR a. Washington State Bar Foundation (WSBF) Annual Meeting James Armstrong, President, and Terra Nevitt, Director of Advancement/Chief Development Officer 1. Appoint Members to WSBF Board of Trustees (action)... 24 * See Consent Calendar. Any items pulled from the Consent Calendar will be scheduled at the President s discretion.

b. Council on Public Defense (CPD) Eileen Farley, Chair, and Daryl Rodrigues, Vice Chair 1. Approve Amendments to CPD Charter (first reading)... 26 2. Approve CPD Providing Input to Washington Supreme Court Rules Committee Re CrR 4.1 (action)... late materials c. Approve Final WSBA FY2019 Budget Treasurer Kim Risenmay, Chair; Ann Holmes, Chief Operations Officer; and Tiffany Lynch, Associate Director of Finance (action)... 34 d. Approve Keller Deduction Schedule (action)... 113 e. Fastcase Presentation Phil Rosenthal, President; Steve Errick, Chief Operations Officer; and Joe Patz, Alliance Manager... 120 3:30 P.M. STRATEGIC ITEMS 4. ANNUAL DISCUSSION WITH DEANS OF WASHINGTON STATE LAW SCHOOLS Annette Clark, Dean of Seattle University School of Law, and Jacob Rooksby, Dean of Gonzaga University School of Law 7:00 A.M. EXECUTIVE SESSION 8:00 A.M. PUBLIC SESSION FRIDAY, SEPTEMBER 28, 2018 OPERATIONAL (continued) 5. FIRST READING/ACTION CALENDAR (continued) f. Approve Support for Law School Transparency Report Jordan Couch, WYLC Incoming Chair-elect, and Julianne Unite, Member Services and Engagement Specialist (action)... 121 g. Approve Extension of Member Engagement Work Group Charter President-elect Rajeev Majumdar (action)... 158 h. Approve Recommendations from Civil Litigation Rules Drafting Task Force Ken Masters, Chair (action)... 162 Additional Information... S-2 i. Approve Recommendations from Court Rules and Procedures Committee Shannon Kilpatrick, Chair, and Julie Shankland, Interim General Counsel (action)... 271 j. Approve WSBA Committee on Mission Performance and Review (CMPR) Recommendations (action)... 339 k. Approve Proposed Updated Judicial Recommendation Committee (JRC) Guidelines Sanjay Walvekar, Outreach and Legislative Affairs Manager (action)... 406 l. Approve Proposed Policy Statement and Resolution re Fiscal Transparency Governor Paul Swegle (first reading)... 417 m. Appoint Chairs and Vice-Chairs to WSBA Committees and Boards (action)... 418 n. Approve Technical Correction to RPC 1.12, Comment 1 (action)... 427

GOVERNOR ROUNDTABLE This time period is for Board members to raise new business and issues of interest. OPERATIONAL (continued) 6. CONSENT CALENDAR... 430 a. July 27-28, 2018, Public Session Minutes... 431 7. INFORMATION a. Executive Director s Report... 444 b. Committee on Professional Ethics (CPE) Advisory Opinion 201803... 562 c. Chief Hearing Officer Annual Report... 566 d. Legal Foundation of Washington Annual Report... 569 e. ABA Annual Meeting Report... 571 f. Professionalism Annual Report... 574 g. Diversity and Inclusion Events... 576 h. Financial Statements 1. Third Quarter Fiscal Update Memo 2. June 30, 2018, Financial Statements 3. July 31, 2018, Financial Statements 4. Investment Update for June, July, and August, 2018 i. Practice of Law Board (POLB) Recommendation to Washington Supreme Court re Amending General Rule (GR) 24 to Permit Operation of Online Self-Representation Legal Service Providers and Provide for Regulation... late materials 8. PREVIEW OF NOVEMBER 16, 2018, MEETING... 673 12:00 P.M. - ADJOURN

2018-2019 Board of Governors Meeting Issues NOVEMBER (Seattle) Access to Justice Board Report FY2017 Fourth Quarter Management Report BOG 2017-2018 Legislative Committee Priorities WSBA Legislative Committee Recommendations Washington Leadership Institute (WLI) Fellows Report WSBA Practice Sections Annual Reports (information) WSBF Annual Report JANUARY (Bellingham) ABA Midyear Meeting Sneak Preview Client Protection Fund (CFP) Board Annual Report FY2017 Audited Financial Statements FY2018 First Quarter Management Report Legislative Report Office of Disciplinary Counsel Report (Executive Session quarterly) Third-Year Governors Candidate Recruitment Report MARCH (Olympia) ABA Mid-Year Meeting Report Legislative Report Supreme Court Meeting May (Seattle) BOG Election Interview Time Limits (Executive Session) FY2018 Second Quarter Management Report Interview/Selection of WSBA At-Large Governor Interview/Selection of the WSBA President-elect Legislative Report/Wrap-up WSBA Awards Committee Recommendations (Executive Session)

JULY (Vancouver) BOG Retreat Court Rules and Procedures Committee Report and Recommendations Draft WSBA FY2019 Budget FY2018 Third Quarter Management Report WSBA Committee and Board Chair Appointments WSBA Mission Performance and Review (MPR) Committee Update WSBA Treasurer Election SEPTEMBER (Seattle) 2019 Keller Deduction Schedule ABA Annual Meeting Report Chief Hearing Officer Annual Report Professionalism Annual Report Report on Executive Director Evaluation (Executive Session) Final FY2019 Budget Legal Foundation of Washington Annual Report Washington Law School Deans WSBA Annual Awards Dinner WSBF Annual Meeting and Trustee Election Board of Governors Action Timeline Description of Matter/Issue First Reading Scheduled for Board Action WSBA FY2019 Budget WSBA Mission and Performance and Review Committee (CMPR) Update and Recommendations Recommendations from Court Rules and Procedures Committee Proposed Policy Statement and Resolution re Fiscal Transparency Amendments to Council on Public Defense Charter Sept 27-28, 2018 Nov 16, 2018 Sept 27-28, 2018 Nov 16, 2018