Message from the Chair: the Return of the Standing Committee

• Publication year: 2019
• Author: Stephen D. Hamilton

Message from the Chair: The Return of the Standing Committee

Stephen D. Hamilton

An important function of the Family Law Executive Committee (FLEXCOM) is to be a representative voice of the 4,000+ members of the Family Law Section. We currently rely on liaisons from different geographic or practice areas to carry out that function. That was not always the case. A brief history lesson will explain why we have liaisons presently.

Standing Committees

Historically, FLEXCOM received input from our section members through the formation and participation of Standing Committees. A standing committee was typically a locally formed group of family law attorneys who would meet and discuss issues relevant to family law. This included, but was not limited to, legislation. Each standing committee had its chair or designated representative then come to FLEXCOM's meetings to inform us as to what the local family law practitioners thought and to broaden our perspective beyond that of the 17 voting members of FLEXCOM. It was a model that worked well and led to excellent communication and participation by family law attorneys at a regional level.

Death By Bagley-Keene

That is, it worked well until the Bagley-Keene Open Meeting Act of 2004 was amended in 2016. Effective April 1, 2016, the State Bar was reclassified as a "state body" subject to Bagley-Keene. And that was the death blow to Standing Committees. Why? Well because it meant the all-volunteer members of the State Bar Sections could be criminally prosecuted for a violation of Bagley-Keene. While the goals of Bagley-Keene were laudable (specifically transparency and access to hearings which affect the public), the requirements of the act precluded, among other things:

• Impromptu telephone calls among more than half of the members of a standing committee;
• Communication via email to discuss any issues if more than half the members (directly or indirectly) participated in the communication.

Additionally, Bagley-Keene required the standing committee members to open its doors to the public and provide advance written public notice prior to all meetings;

In response, in 2016 Standing Committees were eliminated from FLEXCOM and replaced with liaisons. Through no fault of their own, such liaisons had to represent their individual position and could no longer function as a part of FLEXCOM. While it was expected these liaisons would solicit input and views from their communities, they were not an "official" part of FLEXCOM and the...