The Board of Governors of the Oklahoma Bar Association met at Roman Nose State Lodge in Watonga on Friday, March 17, 2006.

REPORT OF THE PRESIDENT

President Grimm shared information about the success of the OBA’s volunteer efforts at OETA, Oklahoma’s PBS television station. He said OBA members donated more than $5,000, which maintained the association’s sponsorship at the top level for the second consecutive year. During the past month he attended the OBA Strategic Finances Task Force meeting to discuss construction financing, Access to Justice Advisory Committee to discuss the recent Supreme Court order, Tulsa County Bar Association Young Lawyers Division Mardi Gras party, OBA Diversity Committee meeting, OBA Bar Facilities Committee meeting to discuss construction planning and Lynn Dunagun’s funeral. He spoke at the TU College of Law to encourage student participation in the OBA Law Student Division. He met with Phil Eller, Oklahoma Attorneys Mutual Insurance Co. chairman, to discuss appointments and met with Chief Justice Watt to discuss the status of bar activities and participated in discussions with OBF President Hal Ellis on a tax opinion.

REPORT OF THE VICE PRESIDENT

Vice President Holmes reported he attended the Board of Governors February meeting, board dinner in Watonga, Strategic Finances Task Force meeting, memorial service for Sid Dunagan’s wife, Lynn, Legal Ethics Committee meeting and OETA Festival. As attorney coach, he attended practice sessions with the Douglass High School mock trial team and attended the quarter final round of mock trial competition in Muskogee, where the Douglass team competed well but did not advance. He served as a judge for the semi-final round of Oklahoma mock trial competition at the U.S. Courthouse (Western District).

REPORT OF THE PRESIDENT-ELECT

President-Elect Beam reported he attended the Communications Task Force meeting, dinner at the Governor’s Mansion, February board meeting, Strategic Finances Task Force meeting and Access to Justice meeting. He also attended the Bar Leadership Institute in Chicago with Executive Director Williams.

REPORT OF THE EXECUTIVE DIRECTOR

Executive Director Williams reported he attended House and Senate judiciary meetings, House subcommittee on General Government and Transportation meeting, NABE Chief Staff Retreat and ABA Bar Leadership Institute in Chicago, Access to Justice Advisory Committee meeting, OBA directors meeting, OBA staff celebration, OBA night at OETA, memorial service for Lynn Dunagan and Thursday night event in Watonga for Board of Governors. He also met with OBF staff regarding trust account reporting.

BOARD MEMBER REPORTS

Governor Bates reported she attended the February board meeting in Oklahoma City, wrote and sent a memorandum about HB 2881 to members of the House Judiciary Committee and contacted each House Judiciary Committee member to discuss the memo. At the OU College of Law, she attended a speech given by Judge David Lewis at the Black Heritage Month event and a CLE program presented by the Ginsburg Inn of Court. She served as a scoring judge for the state mock trial competition at the Federal Courthouse in Oklahoma City. Governor Caudle reported he attended the Board of Governors dinner at the governor’s mansion, February board meeting in Oklahoma City, Comanche County Bar Association and CLE, Professionalism Committee meeting at the Oklahoma Bar Center. He is coordinating membership and the agenda for the State Legal Referral Service Task Force. He was a volunteer at the OETA Festival in Oklahoma City and served as a scoring judge at the mock trial competition in Comanche County. Governor Christensen reported she attended the Board of Governors reception and dinner at the governor’s mansion, February Board of Governors meeting, Oklahoma County Bar Association meeting, Bench and Bar Committee meeting and subcommittee meetings and Women in Law Committee meeting. She participated in a panel discussion at the OU College of Law for women law students and continued work for the National Mock Trial Task Force by contacting and recruiting attorneys and judges to score or preside at the national championship. Governor Farris reported he attended the reception and dinner at the governor’s mansion with the Board of Governors and the Oklahoma Supreme Court, February Board of Governors meeting, OBA Strategic Finances Task Force meeting and Tulsa County Bar Executive Committee meeting. He chaired meeting of the the Tulsa County Bar Awards and Nominations Committee and the Tulsa County Bar Foundation meeting. Governor Hermanson reported he served as a scoring judge at the mock trial competition in Okmulgee, sent an e-mail to county bar presidents in Judicial District 1 telling them about February board discussions, wrote a letter to Rep. Newport in favor of HB1499 and wrote a column for the OBA Criminal Law Section’s newsletter on “Recent U.S. Supreme Court Cases.” He attended the Board of Governors dinner at the governor’s mansion, February board Meeting. Governor Hogan reported he attended the February board meeting in Oklahoma City, Pittsburg County Bar Association meeting and McCurtain County Bar Association meeting. Governor Kennemer reported he attended the Communications Task Force meeting, Board of Governors dinner at the governor’s mansion, February Board of Governors meeting and two meetings of the task force to create a Uniform Residential Sales Contract—OKC/OREC. Governor Parsley reported he attended the Communications Task Force meeting, dinner at the governor’s mansion with the Supreme Court, February board meeting and two meetings of the Texas County Bar Association. Governor Reheard reported she attended the Board of Governors reception and dinner at the Governor’s Mansion, February board meeting and McIntosh County Bar Association Law Day planning meeting. Governor Souter reported he attended the reception and dinner at the Governor’s Mansion with the Board of Governors and the Supreme Court justices, February Board of Governors meeting and Creek County Bar Association March meeting, which included a CLE on digital forensics.

REPORT OF THE YOUNG LAWYERS DIVISION

Governor Williams reported she attended the Board of Governors dinner at the governor’s mansion, February Board of Governors meeting, OCU School of Law reception in Stillwater for prospective students and alumni and a banquet for former and current Hatton W. Sumners Foundation Scholarship recipients. Since the February YLD board meeting was cancelled due to inclement weather, she corresponded by e-mail with YLD Board of Directors, committee chairs and liaisons about YLD matters, including voting on the TCBA/YLD Mardi Gras party sponsorship and on planned activities for the OBA Annual Meeting. To assist the OBA Law Day Committee, she also contacted several county bar presidents for information regarding their Law Day plans and judged poetry contest entries.

REPORT OF THE GENERAL COUNSEL

General Counsel Murdock shared a status report of the Professional Responsibility Commission and OBA disciplinary matters.

RECOMMENDATION FROM LEGAL ETHICS COMMITTEE ON LEGAL ETHICS ADVISORY OPINION 2004‑01

The board tabled action until the next meeting when someone will be present to speak on the issue.

RECONSIDERATION OF RESTITUTION FUNDS

General Counsel Murdock reviewed the background on a former Tulsa attorney who had clients awarded prorated claims in 2005 by the Clients’ Security Fund. General Counsel Murdock explained that for the first time in his 17 years at the OBA a separate contract that he was not involved in drafting was executed turning over about $45,000 in money earned by the former attorney to the OBA as restitution to his former clients. General Counsel Murdock recommended that the funds be kept separate from Clients’ Security Fund money because the funds are designated for a specific purpose and because the former attorney earned the money that he is putting into restitution. General Counsel Murdock reported Clients’ Security Fund Chair Michael Salem agrees. It was noted the OBA’s role is as stakeholder. The board voted to amend the December action that excluded these funds from distribution. The board adopted a recommendation 1) to create a separate interest-bearing bank account until all claims from the former attorney’s clients have been received, 2) for the board to review recommendations by the Clients’ Security Fund Committee for payments from the CSF account and 3) to pay this former attorney’s restitution claims in a manner to be determined later. It was noted that both the OBA president and the Clients’ Security Fund chairperson should be required to sign all checks drawn on the separate bank account.

OKLAHOMA ATTORNEYS MUTUAL INSURANCE CO. APPOINTMENT

The board recommended to reappoint John Wynne, Enid, and appoint Ron Main, Tulsa, as nominees to the OAMIC Board of Directors (terms expire 6/1/2009).

LEGISLATIVE UPDATE

Executive Director Williams reviewed current legislative activity. Discussion followed.

DAY AT THE CAPITOL

Executive Director Williams reminded board members OBA Day at the Capitol will be Tuesday, April 25. The day will start with a briefing in the Board Room at the Oklahoma Bar Center. He reviewed the agenda and who will speak. He has arranged for a barbecue lunch to be served at the State Capitol Building by last year’s caterer, who did an excellent job. A reception for legislators will be held that evening at the bar center.

LAW DAY ACTIVITIES

Public Information Director Manning briefed board members about the progress of Law Day activities. She said a large number of contest entries were received, and contest judging is now complete. First-place winners have been invited to the State Capitol for a photo March 23 with Chief Justice Watt, President Grimm and Law Day chairpersons. The children will be included in a filmed segment with Chief Justice Watt that will be part of the Ask A Lawyer TV show. She said work on the TV show continues and for the first time will be broadcast in Spanish. A Spanish news release will be prepared and interpreters recruited in Oklahoma City and Tulsa for the statewide free legal advice on Ask A Lawyer Day, April 27. She encouraged each board member to seek out their county Law Day chairperson and offer assistance.

ACCESS TO JUSTICE ADVISORY COMMITTEE INFORMATION

President Grimm reported he met with the committee that is starting to develop a plan.

BAR CENTER FACILITIES COMMITTEE REPORT

Executive Director Williams shared architect renderings of the revised design for the Oklahoma Bar Center’s front entrance. He reported it will soon be time to apply for permits. President Grimm encouraged moving forward on the project.

EXECUTIVE SESSION

The board voted to go into executive session. They met in executive session and voted to come out of executive session.

BAR CENTER FACILITIES COMMITTEE REPORT

The board approved expenditures as detailed in the construction company’s estimate.

PENDING LEGISLATION REGARDING JUDICIAL ELECTIONS AND RETENTION

Executive Director Williams reported the status of proposed legislation changing judicial elections in Oklahoma and Tulsa counties to a retention vote is going nowhere in the Legislature. The board decided to hold taking any action until a recommendation is received from the Bench and Bar Subcommittee.

ETHICS 2000 REPORT

Prior to the board meeting, board members reviewed Rule 3.3, Rule 3.4, Rule 3.5, Rule 3.6 and Rule 3.8. Ethics Counsel Hendryx reported only one rule had significant changes, and she reviewed the changes. The board approved the changes pending the final report.

NEXT MEETING

The board will meet Thursday, April 20, 2006, at 2 p.m. at the Tulsa County Bar Association.