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Letter from John Malone, Secretary of State Bar of California to RN re: membership fees, prior fee waivers, waiver policies, current fees due. 2 pgs. [Letter], 2/6/1974
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WHSF: Returned, 4-8
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WHSF: Returned, 4-8
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This file contains:
Letter from John Malone, Secretary of State Bar of California to RN re: membership fees, prior fee waivers, waiver policies, current fees due. 2 pgs. [Letter], 2/6/1974
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Richard Nixon Presidential Library
White House Special Files Collection
Folder List
Box Number Folder Number Document Date
Document Type
Document Description
4
8
02/06/1974
Letter
Letter from John Malone, Secretary of State
Bar of California to RN re: membership fees,
prior fee waivers, waiver policies, current
fees due. 2 pgs.
Wednesday, October 28, 2009
Page 1 of 1
THE STATE BAR OF CALIFORNIA
OF
BOARD OF GOVERNORS
M. HUFSTEDLER, President
BRENT M. ABEL, San Francisco
HAEL DI LEONARDO, Vice-President
DAVID S. CASEY, San Diego
NE M. GARVEY, Vice-President
JOSEPH W. COTCHETT, San Mateo
BY H. KILPATRICK, Vice-President and Treasurer
MICHAEL DI LEONARDO, Sunnyvale
« P. ROBINSON, ice-President
JOANNE M. GARVEY, San Francisco
S. MALONE, Secretary
SAN FRANCISCO
ARTHUR N. HEWS, Santa Ana
BARRY, Assistant Secretary
GEORGE R. HILLSINGER, Los Angeles
LOS ANGELES
SETH M. HUFSTEDLER, Los Angeles
Y G. WAILES, Assistant Secretary
CLAYTON R. JANSSEN, JR., Eureka
SAN FRANCISCO
601 MCALLISTER STREET
STUART L. KADISON, Los Angeles
L E. ZELLMANN, Assistant Secretary
HENRY H. KILPATRICK, Vallejo.
SAN FRANCISCO
SAN FRANCISCO 94102
WM. SHANNON PARRISH, Oakland
TELEPHONE 922-1440
E. DEAN PRICE, Modesto
MARK P. ROBINSON, Los Angeles
AREA CODE 415
HOWARD B. WIENER, West Covina
February 6, 1974
Richard M. Nixon
President of the United States
The White House
Washington, D.C. 20500
Dear Mr. Nixon:
Under State Bar policies which were in effect prior to January 1, 1974, you had
been granted a waiver of your annual State Bar membership fee by the Board of
Governors. At its December 14, 1973 meeting, the Board of Governors formally
recognized that Section 6141.1 of the Business and Professions Code does not
authorize the grant of waivers which would continue beyound the calendar year
for which said waivers were originally granted, and fee waivers theretofore
granted were terminated as of December 31, 1973. Accordingly, the fee waiver
previously granted to you has been terminated and is no longer in force or effect.
New policies regarding fee waivers have been adopted to implement Section 6141.1
of the Business and Professions Code, which authorizes the Board of Governors,
for good cause, to waive payment of the annual membership fee by any member upon the
affirmative vote of 12 members of the Board. A copy of these new policies is
enclosed for your information. Applications for waiver of membership fees for
1974 and future calendar years may be submitted in accordance therewith. Please
note particularly the circumstances which, if standing alone, the Board will
ordinarily not consider to be "good cause".
1974 membership fees for which current waivers have not been obtained were due
and payable February 1, 1974, and thereafter will become delinquent with con-
sequent attachment of penalty if not paid on or before April 1, 1974.
Very truly yours,
John s malow
John S. Malone
Secretary
JSM/kdk
Enclosures
THE STATE BAR OF CALIFORNIA
FEE WAIVERS
(Resolutions Adopted by the Board of Governors
December 14, 1973)
"The Board of Governors, for good cause, may waive the payment of the active
or inactive annual membership fee by any member upon the affirmative vote of
12 members of the Board. Such waivers shall be considered separately by the
Board for each calendar year, and continuing waivers which purport to waive
the annual membership fees of members for more than one calendar year shall
not be granted.
"Any member, or any member's legal representative, spouse, relative, law
partner or associate, or other person familiar with the pertinent facts and
circumstances, may request a waiver of payment of the member's annual member-
ship fee by submitting an application therefor in a form satisfactory to the
Secretary or his designee, and shall bear the burden of showing specific
facts and circumstances in support of such request. Unless excused by the
Secretary or his designee, based on his knowledge that the facts on which an
original waiver was granted still obtain, such an application shall also be
required with regard to each request to waive the member's annual membership
fee for each subsequent calendar year.
"In determining whether there is good cause for such a waiver, the Board may
consider all of the facts and circumstances pertinent to the request, includ-
ing, without limitation, those presented by or on behalf of the member, the
public purpose which would be served by the member paying his or her fee and,
in the case of an active member, his or her eligibility for inactive member-
ship and physical and mental ability to execute the documents necessary for
enrollment as an inactive member and the likelihood of enrollment as such a
member pursuant to Section 6007 of the Business and Professions Code.
"In determining whether there is good cause to renew a member's waiver for
a subsequent calendar year, the Board may consider all of the facts and
circumstances pertinent to a renewal, including, without limitation, those
presented by or on behalf of the member, those specified in the preceding
paragraph, the facts and circumstances which constituted good cause for the
waiver granted to the member for the preceding calendar year, and the probabi-
lity, if any, that those facts and circumstances have not materially changed
in the interim.'
FURTHER RESOLUTION
"RESOLVED that while the Board recognizes that all of the facts and circum-
stances pertinent to a request for a waiver of an annual membership fee must
be considered in each individual case, it is the sense of the Board that any
one of the following circumstances, standing alone, will ordinarily not be
sufficient good cause for waiver of an annual membership fee in an individual
case:
1.
A member's poor financial condition;
2.
A member's poor physical or mental condition;
3.
A member's age;
4.
A member's service in a public office, the military service
of the United States, the Peace Corps or VISTA;
5.
A member's retired status."