Opinion
No. ADKT 324.
December 21, 2009.
ORDER AMENDING SUPREME COURT RULE 216
WHEREAS, this court adopted Supreme Court Rule (SCR) 216 in 1983 to create a tax-exempt bar foundation; and
WHEREAS, the Access to Justice Commission has recommended that the board of trustees of the foundation be expanded; and
WHEREAS, it appears to this court that amendment of SCR 216 in order to expand the board of trustees is warranted; accordingly,
IT IS HEREBY ORDERED that Rule 216 of the Supreme Court Rules shall be amended and shall read as set forth in Exhibit A. In particular, the board shall be increased from 9 members to 21 members, with 6 of the additional members to be appointed by this court and 6 members appointed by the Board of Governors of the State Bar of Nevada.
IT IS FURTHER ORDERED that this court shall, in addition to the appointments to be made under the current version of SCR 216(4), appoint 4 attorneys and 2 lay persons to 2-year terms to commence June 30, 2010.
IT IS FURTHER ORDERED that the Board of Governors shall appoint 4 attorneys and 2 lay persons to 1-year terms to commence June 30, 2010.
IT IS FURTHER ORDERED that the amended rules shall be effective 30 days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing amended rules.
Dated this 21st day of December, 2009.
BY THE COURT
RON D. PARRAGUIRRE Associate Justice
MICHAEL L. DOUGLAS Associate Justice
MICHAEL A. CHERRY Associate Justice
NANCY M. SAITTA Associate Justice
MARK GIBBONS Associate Justice
KRISTINA PICKERING Associate Justice
EXHIBIT A AMENDMENTS TO SCR 216
Rule 216. Creation of foundation.
1. The board of governors, with the approval of the supreme court, shall designate a tax-exempt bar foundation for the purposes of providing legally-related services to the poor, to the victims of domestic violence, and to children protected by or in need of protection of the juvenile court; promoting or providing law-related educational programs for members of the public; and providing similar programs which qualify for tax-exempt status by the United States Internal Revenue Service under I.R.C. section 501(c)(3) or any additions thereto or amendments thereof. To carry out these purposes, the bar foundation may utilize the income accrued from interest-bearing clients' trust accounts (IOLTA funds) as authorized by Rules 216 through 221, and as the supreme court may otherwise order.
(a) A major portion of all IOLTA funds shall be disbursed for the purposes of providing legally-related services to the poor, to victims of domestic violence, and to children protected by or in need of protection of the juvenile court. The remainder of the IOLTA funds shall be spent as the bar foundation deems appropriate, keeping in mind the purposes set forth in this rule.
(b) Among factors to be considered in disbursing the funds should be the geographic origin of the funds.
2. The governing body of the designated bar foundation shall be composed of [nine] twenty-one members. [Six] Fourteen of the members shall be members in good standing of the state bar, and [three] seven shall be lay persons who have knowledge of and are acquainted with the needs of the poor, victims of domestic violence, and children protected by or in need of protection of the juvenile court.
(a) None of the members of the bar foundation's governing body shall also be a member of the board of governors of the state bar or be related to any member of the board of governors within the third degree of consanguinity.
(b) The members of the bar foundation's governing body shall not be members of the governing body or employees of grantee organizations.
3. The terms of office of the members of the governing body of the bar foundation shall be staggered. Each member shall be appointed for a term of two years. No member may serve on the governing body for more than a lifetime total of six years. The time served in filling a partial term created by a vacancy shall not be included in computing the six year lifetime limit.
4. In even-numbered years, the supreme court shall appoint for two-year terms, commencing June 30th, [three] seven attorneys and [two ] four lay persons as members of the governing body of the bar foundation.
5. In odd-numbered years, the board of governors of the state bar shall appoint for two-year terms, commencing June 30th, [three] seven attorneys and [one] three lay persons as members of the governing body of the bar foundation.
6. Vacancies on the governing body of the bar foundation shall be filled by the supreme court by appointment.
7. The principal office of the bar foundation shall be situated in Clark County.