Chapter 9: The Fundamentals of Municipal Bankruptcy Pg. 6

The Official publication of the San Joaquin County Bar Association

July/August 2012

Chapter 9: The Fundamentals of Municipal Bankruptcy Pg. 6

Also in This Issue:

MCLE Self Study: Don't Wait, Plan Now for Emergencies Pg. 11

Member Spotlight: Gregg Meath Pg. 17

AB 109 Roundtable Program, Hosted by the Criminal Law Section Pg. 24

The San Joaquin County Bar Association

20 North Sutter Street, Suite 300 Stockton, CA 95202 (209) 948-0125 Fax: (209) 948-1361

San Joaquin County Bar Association Rebekah Burr-Siegel,

Executive Director ...................rburr-siegel@ Melissa Dooley,

CAC Billing..................................mdooley@ Linda Mussat,

CAC Coordinator/ Deputy Dir........lmussat@ Jennifer Riggs,

MCLE Coordinator............................jriggs@ Natalie Vernon,

Communications Coordinator........nvernon@ LRS...............................................LRSRequest@

San Joaquin county Bar Association

Board of Governors

James T.C. Nuss..........................President

Allan Jose....................................President-Elect

Steven L. Brown......................... Past President

Lisa Ribeiro.................................Secretary

Mary Aguirre

Michael Mulvihill, Jr.

Catherine L. Huston

Stephanie Roundy

Lisa Blanco Jimenez

David Wellenbrock

Christine Kroger

Moses Zapien

Kerry Krueger

ACROSS THE BAR COMMITTEE MEMBERS

Michael R. Tener....................... Editor/Chair

Janette Rossell

Fernanda Pereira

Terry Costa

Joseph Ferraro

Moses Zapien

Rebekah Burr-Siegel

Natalie Vernon

To contact us via email - ATB@

Across the Bar is published bi-monthly by the SJCBA. Subscription rate is included in membership dues, or $50 per year for non-members.

Across the Bar welcomes letters and article suggestions from readers. The SJCBA reserves the right to edit comments or letters to the editor. Please send e-mail to ATB@.

Submissions and advertising deadline 1st of the month prior to publication. Submit your articles to ATB@.

The opinions expressed in this publication are those of the authors only and do not necessarily reflect those of the San Joaquin County Bar Association. The information contained in this publication is not intended as legal advice and may not be relied upon as such.

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Across the Bar

July/August 2012

Editor's Notes

Michael R. Tener

With the financial problems facing Stockton and other California communities making national news, Across the Bar in this issue delves into the mechanics of a Chapter 9 municipal bankruptcy case. Moses Zapien explains the fundamentals of municipal bankruptcy, which is similar to, but in important respects different from, reorganization of a private entity under Chapter 11 of the Bankruptcy Code. The feature article for this issue begins on page 6.

Additionally, on the next page, Thomas White discusses the State Bar's minimum legal education requirements and the campaign to increase MCLE compliance audits. In that vein, Across the Bar has reprinted an MCLE self-study on planning for emergencies (such as unexpected disability) in law practice on page 11. Jim Nuss details what is happening at the State Bar in his President's Column on page 22, Humphreys Drivon School of Law announces new inductees to its Hall of Fame on page 23, and Janette Rossell recaps the Criminal Law Section's AB 109 Roundtable on page 24. Also see page 18 for the announcement of the October 5 dinner honoring past presidents of the San Joaquin County Bar Association.

An exciting new feature of Across the Bar this issue is the "Member Spotlight," the brainchild of guest contributors Elizabeth Mowry Hull and Alissa Harris. The Member Spotlight feature is intended to focus on notable qualities or achievements of Bar Association members outside the legal realm. Liz Hull wrote this issue's piece on page 17 on Gregg Meath, a past SJCBA president and, presently, an integral member of the local rock band Pushers and Thieves. (I'm not sure which of those applies to Gregg.)

Liz and Alissa would love to receive suggestions for members to spotlight in future issues. Member Spotlight articles must conform to the following criteria:

1. The individual that is the subject of the article should be a member of the San Joaquin County Bar Association.

2. The article will focus primarily on the member's interesting and newsworthy activities or accomplishments.

3. Except in unusual circumstances, the focus will not be on a member's professional activities. (For those interested, Across the Bar's advertising rates are very reasonable.)

Of course, despite the foregoing criteria, Across the Bar retains all discretion to determine whether and what to publish.

The talents and accomplishments of members of the

San Joaquin County Bar Association extend well beyond the courtroom, and the Across the Bar Committee is excited to be able to call attention to those qualities in Across the Bar. The Committee is grateful to Liz and Alissa for their commitment to this project. To nominate a member to be featured, or to express your interest in writing an article spotlighting a member you know, please send an e-mail to atb@.

Michael R. Tener is an attorney with Neumiller & Beardslee in Stockton practicing civil and bankruptcy litigation. Contact Michael at (209)948-8200 or mtener@.

July/August 2012

Across the Bar

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Dial "M" for MCLE: The "M" Stands for "Minimum!"

Thomas P. White

As elite professionals advocating for the little guy (or the big guy, as the case may be), attorneys are mandated to keep up our mental fitness through continuing education. The familiar acronym "MCLE" stands for Minimum Continuing Legal Education. The current minimum standard we must adhere to is 25 hours every three years. However, the State Bar is reviewing these standards and may increase the number of required hours for future compliance groups.

In 2011, the Bar randomly audited 635 attorneys, of who, 98, or fifteen percent, were not in compliance. Five of those attorneys were suspended for not being in compliance, and about another 25 were referred to Chief Trial Counsel for disciplinary action. Thirty attorneys from last year's audit are facing disciplinary measures because they did not complete the minimum requirement for continuing legal education.

As lawyers, we all know that laws can be interpreted many different ways. However, the law of averages is tough to dispute. If fifteen percent of a one percent sampling was not in compliance, chances are 15% of the whole will also not be in compliance. In other words, about 9,500 attorneys in last year's group were not in compliance.

This year the State Bar is increasing the number of MCLE compliance audits five-fold. The State Bar intends to randomly audit five percent of attorneys (between 3,000 and 4,000); next year, they will audit ten percent.

An attorney's chance of being audited last year was 1:100. This year that chance is 1:20, and next year it will be 1:10. With a greater increase in the number of audits comes a greater chance that non-compliance attorneys will get caught.

Audit letters for 2012 were sent out in June. If you get a letter, and you are not in compliance, be honest and admit you are not in compliance. In other words, do not lie to the State Bar. The penalty for non-compliance is an administrative suspension, whereas the penalty for lying to cover it up is a more severe moral turpitude charge.

However, if you are in an audit group and are in compliance, now would be a good time to get your material together. Check to make sure you have all your MCLE certificates easily accessible. If you cannot find all your certificates, check with your MCLE provider to get copies. MCLE providers are required to keep documentation back four years.

Attorneys who are not in this year's compliance group should prepare for the future. As long as the State Bar sees a problem, more and more attorneys will be audited.

Moreover, the advent of technology will make it easier for the State Bar to track MCLE programs and easier conduct audits.

Attorneys should maintain their MCLE credits, which are much easier to get these days. The San Joaquin County Bar Association regularly hosts MCLE presentations and sponsors the Masters Series every year. In addition, the MCLE committee is receptive to new ideas for MCLE programs, and encourages members of the local legal community to submit ideas for MCLE presentations.

Finally, if you are not in compliance on February 1, 2013, you will have the option of paying a $75 fee for a 60-day extension. While it may be a slight inconvenience, it will be far cheaper than defending yourself in a State Bar investigation.

Our duty of competence goes beyond doing what is minimally required. As attorneys, we should always strive to do our best to represent our client, and the noble legal profession of Hamilton, Jefferson and Lincoln. We should maintain the highest standard of professionalism in our work. Spending 8 1/2 hours in training every year is the very least we must do to call ourselves lawyers, and we should seek to do much more.

Thomas P. White is an attorney practicing landlord/tenant litigation. He is also available for contract work. You can contact Thomas at thomas@

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Across the Bar

July/August 2012

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(No Argument!)

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In a time when the safety and soundness of funds is at the forefront of everyone's minds, Financial Center membership is the perfect solution for peace-of-mind. Voted Best Of San

Joaquin, Financial Center is the most trusted credit union in the Valley. Time and time again, we o er our members the lowest rates on their loans as well as the safest place to save their money.

Follow your logic and call us today. And don't forget to pass this message onto your sta ? they (and their wallets!) will thank you.

July/August 2012

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Across the Bar

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