WSBA governors hold first reading on proposal to add two public members to Board of Governors

The Washington State Bar Association Board of Governors on a first reading considered a proposal to add two public, nonlawyer voting members to the Board of Governors, to be appointed by the Washington Supreme Court and seated in 2026.

Proponents, led by Governor Couch, said the change would help the Bar better serve the public. "Our mission begins with to serve the public," Governor Couch said, and adding public members would bring "a new perspective that none of us really brings to the table." Staff presenters said the proposal was developed after surveys and two focus groups that contacted about 200 stakeholders and that respondents generally supported adding public members.

The draft amendment would add two seats defined as people who "have not been licensed to practice law in any jurisdiction," who are not enrolled in or graduated from law school and who do not have a direct significant financial interest in the practice of law. At least one public member would be a resident of Eastern Washington. Public members would serve the same term lengths and limits as other governors; the initial appointments in 2026 would be staggered (one two-year term, one three-year term). Vacancies with more than 12 months left would be filled by Supreme Court appointment; vacancies under 12 months could be filled at the board's discretion. The draft also creates a recall process by petition: a petition signed by 5% of active WSBA members could be filed with the executive director, and the Washington Supreme Court would accept or reject the recommendation within 30 days. The draft permits public governors to serve as treasurer but reserves the presidential role for bar members.

Staff told the board they reviewed practice in other state bars and existing WSBA entities that already include public members, and that survey and focus-group respondents reported benefits such as identifying issues the bar might overlook and bringing expertise from outside the legal sphere. "In total, we contacted approximately, 200 relevant stakeholders," a staff presenter said. Research cited by staff noted heterogeneous boards can reduce "uncritical group think" and improve judgment in complex decisions.

Governors expressed a wide range of reactions. Supporters said the change could reduce regulatory capture and bring perspectives from people affected by the bar's work. "We are failing as lawyers. Every single one of us is a massive failure because 76% of civil legal needs ... are going unmet," Governor Couch said, urging the board to consider public input to address access-to-justice gaps.

Opponents warned of legal and practical concerns. Past President Dan Clark said adding public seats previously raised questions about conformity with the State Bar Act, board size, and costs; that earlier iteration had been removed amid a governance dispute. Governor Faye argued the proposal risks putting people "who don't know anything about being a lawyer" into votes on complex matters, calling it "mandated ignorance." Governor Villeneuve said he feared nonlawyer members could be perceived as practicing law in settings where the board addresses legal-advice questions.

Several governors focused on procedure and member engagement. Multiple speakers said the bar's dues-paying membership had not yet been broadly surveyed on this change and urged more outreach and time before a second reading. Governor Arneson and others urged wider member notice and recommended staff return with a plan for member outreach and a clearer timeline. Executive Director Nevett emphasized this was a first read intended to solicit feedback and said staff planned broader outreach after first read; she also noted the Washington Supreme Court has authority to act notwithstanding the State Bar Act and has in prior orders accepted changes to the board's composition.

Board members proposed alternatives and safeguards discussed during the session: appointing public members as nonvoting liaisons at first, limiting public membership from executive-session deliberations on certain matters, establishing a structured orientation or "board buddy" program to address technical language and acronyms, narrowing public-member selection to specific lived-experience categories (for example, veterans or those with experience using civil legal services), and clarifying insurance, privilege, and malpractice implications.

No formal motion or vote was taken at the meeting. Several governors asked staff to refine the proposal and to develop options for compromise before a possible second reading; President-elect Adewale and Governor Couch indicated they would collect additional feedback and, if warranted, return a revised proposal with a clear outreach plan and timeline.

Background and history: the board previously studied adding community representatives in 2012; a 2014 task force recommended adding three positions (including two nonattorneys). An amendment adding community representatives was approved by the court in January 2018 but seats were not filled and the positions were eliminated in January 2020 after governance disputes. Staff told the board they also reviewed public-member practices in other state bars and in WSBA entities that already include public members (for example, the Access to Justice board).