Message from the Chair

Avi Levy

This is my first message as the new Chair of the Executive Committee of the Family Law Section of the State Bar of California ("FLEXCOM"). FLEXCOM is composed of seventeen voting members, plus advisors who serve at the pleasure of the Chair and several legislative liaisons from various regions of the state. I am the new Section Chair for the 2017-2018 term, and Amber Hayes, from Napa, has been elected as Section Vice Chair.

The Family Law Section currently has more than 4,100 members. Steven Hittelman, from Newport Beach, is starting his second year on the Committee and will be taking over the great work of Shauna Chastain as Membership Chair. Stephen Montagna and Louise Bayles-Fightmaster will be assisting him. Steve practices in Fairfield and is new to the Committee. Louise, from Sonoma County, is a retired judicial officer and private judge.

Our education efforts are being divided into several subcategories. Our self-study articles will be handled by returning Committee members Renee Fairbanks of Santa Barbara and Shauna Chastain from Fairfield. Leena Hingnikar, from Woodland Hills, is returning to the Committee as the Webinar Chair, taking over for Abbas Hadjian of Sherman Oaks, and will be assisted by new member Kelly Robbins from San Francisco.

New members Tony Storm, from Beverly Hills, and Steve Montagna will lead the Section-sponsored live programming. The cornerstone of our live programming over the last few years has been the Family Law Essentials Program. Stay tuned for a new type of live programming for the upcoming year. FLEXCOM also puts on family law programs at the State Bar Sections Convention and will continue to provide this type of excellent programming in 2018. Sherry Peterson, from Pleasanton, and Melinda Sammis, from San Francisco, will stay on as education advisors.

The Family Law News will remain under the fine stewardship of Executive Editor Dawn Gray, who is starting her third year on the Committee. Dawn is a past editor of the ACFLS Specialist and perhaps the most prolific commentator on family law in California. She will be aided by Assistant Editor Shauna Chastain. Renee Fairbanks, from Santa Barbara, will edit the Family Law News Monthly (FLNM), which will continue to provide Dawn Gray’s new case summaries. Renee will be taking over this role from Jason Elter, from San Ramon, who was elected as Section Secretary for the 2017-2018 term. Andrew Cain, from San Jose, will stay on as a publications advisor.

Stephen Hamilton, from Arroyo Grande, is starting his second year on the Committee and is taking over as Legislative Chair from Dorie Rogers of Orange County. As legislation is a huge amount of work, the Legislative team will be composed of all voting members of the Committee. This is a huge task. Last year our Committee reviewed, discussed and commented on 83 bills, numerous bill proposals, and proposed judicial council forms. He will be assisted by Demetria Graves, from Pasadena, and new members David Stone of Anaheim and Tony Storm. David Lederman, former Section Chair, from Antioch, and Dianne Fetzer, from Sacramento, will stay on as legislation advisors.

Unlike legislation, which reviews outstanding proposals, affirmative legislation proposes new legislation and shepherds bills from inception to law. Kendall Evans of Long Beach will take over as Affirmative Legislation Chair for B.J. Fadem of San Jose. John Nieman, also from San Jose, and Louise Bayles-Fightmaster will assist Kendall. Finally, Michele Brown, from San Diego, and Diane Wasznicky, from Sacramento, will stay on as affirmative legislation advisors.

The above is by no means an exclusive list of the members of the Committee or the advisors. We all look forward to continuing to work with you to advance the practice of family law in California. We are anticipating an incredible year.

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Separation from the State Bar

I am excited to announce that the Sections of the State Bar are likely to become a new entity at the beginning of 2018. This change will open a world of possibilities as to what we can do for our profession, increase the number of lawyers we reach, and fully embrace the technological advances now available for our work and our relationships.

The good news is that after the Sections separate, you will continue to receive all of the services and benefits you have come to expect from your Section. The better news is that without the regulatory limitations and costs that came as part of being in an agency of the State Bar, we believe that you will get better service, have much more ability to impact how the Sections function, and be far more satisfied with the new entity that serves you.

Once the State Bar’s limits on electronic communications and meetings among members are no longer applicable to the Sections, the Sections’ committees will be much more efficient. A modern, dynamic website and social media on which you, the members, can post directly will improve communications and member interaction. The freedom of each Section to operate, seek sponsorships, and utilize funds without paying for the regulatory structure in which we had to operate will free up resources for the Sections’ priorities.

Senate Bill 36

The Legislature, with the support of the State Bar and the Sections, determined that the Sections, including their members, intellectual property, and reserves, will be separated from the State Bar, the regulatory agency of the State of California in which they have operated for decades. Going forward, the Sections will operate as a private, 501(c)(6) non-profit entity. A bill now making its way through the Legislature will effectuate this change to allow the State Bar to concentrate on its core public protection missions of admissions and discipline.

Senate Bill 36 was introduced by Senator Hannah-Beth Jackson, Chairperson of the Senate Judiciary Committee, and amended by Assemblyperson Mark Stone, Chairperson of the Assembly Judiciary Committee, with substantial input from the Chief Justice of California, Tani Gorre Cantil-Sakauye. The bill provides for the creation of a separate, private, non-profit corporation, governed by a board of directors selected by the Sections themselves. Senate Bill 36 appears very likely to become law and will transfer the sixteen Sections (with more than 60,000 members) and the California Young Lawyers Association (with its 48,000 members) into what will become the second largest voluntary association of lawyers in the nation, smaller only than the American Bar Association.

The Sections’ financial reserves and intellectual property, including CLE materials and member lists, will go to the new entity. Membership in the new organization will be voluntary. It will not be part of the State Bar, and it will receive no funding from State Bar’s mandatory membership fees—though the legislation does provide that a membership check-off will continue on dues statements for California attorneys. In August, Senate Bill 36 passed the Assembly Judiciary Committee in modified form by a unanimous vote, as was the case in the Senate. Assuming a final version is passed by both houses, it is expected to reach the Governor’s desk and be signed not later than October 15, 2017.

The Transition

The Sections are working diligently to develop and put into place a seamless transition plan. Pam Wilson & Associates, headed by the Sections’ former senior executive Pam Wilson, has been selected as the primary consultant to head and effectuate the transition to make it successful. We need your help! If you wish to be part of this historic effort, please feel free to contact me so that we can put you in touch with the Section leaders in our new entity planning effort and hear your ideas. If you are currently active in your Section, we encourage you to continue everything you do to maintain the strength and vitality of your Section throughout this transition.

The sixteen Sections and CYLA make enormously valuable contributions to all lawyers in California on so many different levels. We look forward to making the most of this unique opportunity for evolution and improvement. Please let us know how we can better serve you, and join us as we build a new future for the Sections and for all California lawyers.

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