STATE BAR BOARD UPDATE
Board Continues Work on Diversity Issues
The State Bar of Texas Board of Directors continued
discussions on diversity, equity, and inclusion issues during its
quarterly meeting on January 22.
The board voted to refer a proposal to the Task Force on Diversity,
Equity, and Inclusion that, as drafted by director Steve Fischer, would
add language to the aspirational Texas Lawyer’s Creed related to
ensuring all people have access to competent legal representation
regardless of “ethnicity, gender, sexual orientation or physical
disability.”
The board also heard updates from committees looking at possible changes
to disciplinary rules and minimum continuing legal education
standards.
The board in September asked its Discipline & Client Attorney
Assistance Program Committee to study American Bar Association Model
Rule 8.4(g), which deals with harassment and discrimination. Director
Stephen Naylor, who leads the committee, reported that after reviewing
existing court challenges, scholarly review articles, and other
materials, the committee unanimously agreed that no further action
should be taken on the model rule. An existing rule, Rule 5.08 of the
Texas Disciplinary Rules of Professional Conduct, addresses prohibited
discriminatory activities in connection with adjudicatory proceedings.
The committee continues to review that rule for possible changes, Naylor
said.
John Boyce, who chairs the bar’s Minimum Continuing Legal Education
Committee, reported on a board request to consider making implicit bias
training a requirement for all Texas attorneys. Boyce said the committee
prefers an approach where implicit bias training would count toward an
attorney’s ethics MCLE requirement but would not be mandatory. According
to Boyce, the committee also agrees that attorney wellness topics should
be eligible for ethics MCLE credit. The committee is expected to make
its final recommendations to the board in April.
Finance and budget. The State Bar received an unmodified, or
“clean,” opinion for its 2019-2020 fiscal year financial audit. The
board approved the proposed 2021-2022 fiscal year budget for publication
in this issue of the Texas Bar Journal (see
page 230). A public hearing will be held on April 6, followed by a
board vote on April 16 to submit the proposed budget to the Texas
Supreme Court for review and approval.
Ombudsman report. Stephanie Lowe, ombudsman for the attorney
discipline system, discussed her office’s annual report, which is
available at texasbar.com/annualreports.
Task force updates. The board received updates from the chairs
of the Presidential Task Force on Criminal Court Proceedings; Task Force
on Public Protection, Grievance Review, and the Client Security Fund;
and the Courthouse Access Badge Workgroup.
Board chair election. The board heard comments from the five
candidates for 2021-2022 chair of the board: Christina M. Davis, of
Tyler; Adam T. Schramek, of Austin; David Sergi, of San Marcos; Diane
St. Yves, of Houston; and Santos Vargas, of San Antonio. The board will
vote to elect a new chair at its April 16 meeting.
Recognitions. President Larry McDougal presented resolutions
honoring attorneys Bobby D. Mims, Nathan Cash, Shannon Dacus, Buck
Files, and Kristina Ross, all of Tyler; Kenda Culpepper, of Rockwall;
former 387th District Judge Brenda Mullinix, of Richmond; retired Texas
Supreme Court Justice Paul W. Green, of San Antonio; and retired Texas
Court of Criminal Appeals Judge Michael Keasler, of Austin. Executive
Director Trey Apffel presented Staff Excellence Awards to Deserea Serna,
of TexasBarCLE, and Paula Vickery, of the membership department.
Looking ahead. The next quarterly board meeting is
April 16. Comments to the board can be emailed to boardofdirectors@texasbar.com.
To find your district directors, go to texasbar.com/board
and click on “Board Members.” TBJ
FOR MORE INFORMATION
Go to youtube.com/statebaroftexas
to watch the January 22 board of directors meeting. Find the agenda and
meeting materials at texasbar.com/bodmaterials.
