Legal Commentary

The California Bar has announced that trial attorney James Towery, who served as its president in 1995-96, has been appointed as the bar?s chief trial counsel. If confirmed by the state Senate, he will run the office that prosecutes California lawyers for professional misconduct.

I reported on the State Bar for more than a decade, including when Towery was a member of the board and then president -- and I was always impressed with his combination of a sharp mind, pragmatism, and "people skills."

He's taking on the Bar's toughest job during another time of turmoil at the organization. Its executive director, Judy Johnson, is exiting and there are definite leadership voids in the staff ranks. (The Bar has said it expects to replace her by September).Towery, a partner with San Jose?s Hoge, Fenton, Jones & Appel, who chairs the litigation practice group and specializes in civil litigation with a focus on professional liability, will face the challenge of helping bring some stability to the institution.

Says the Bar:  "An expert in lawyer ethics, Towery, 61, has a long history of involvement with the bar?s lawyer discipline operation, including a year-long stint chairing the board of governors discipline committee in 1994. He oversaw implementation of the recommendations of a specially appointed study group that greatly increased the efficiency and operation of the system. The recommendations led to streamlining staff and functions within the system and significantly reduced the office budget, which consumes the lion?s share of bar revenues."

"As chief trial counsel, Towery will oversee an office of 250 attorneys, investigators and support staff, who work in San Francisco and Los Angeles. The discipline office, by far the State Bar?s largest operation, receives thousands of complaints annually, investigates about 5,000 misconduct allegations and prosecutes some 500 lawyers a year. It has an annual budget of $40 million."

"The chief trial counsel position was defined by statute in 1986; since then, five people have held the job. It has been vacant for a year, stalled following Gov. Schwarzenegger?s veto of the State Bar dues bill in October. Towery was one of three finalists ultimately drawn from a pool of 40 applicants."

P.S. -- The Cal Bar is offering an amnesty program for members who have not paid their dues. Check it out here.