THE STATE BAR OF CALIFORNIA. 180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 84105 TEL (15) 598-2899 FAX G19)538.0521 August 11, 2017 Susan Bassi Publisher P.O. Box 2220 Los Gatos, CA 95031 RE: California Public Records Act Request Dear Ms. Bassi: This letter is in response to your Public Records Act request dated August 5, 2017 and received by the State Bar of California on August 7, 2017. You requested the following: 1. Copies of all records requests submitted to the State Bar for the time period of January 1, 2010 to production. 2. Copies of all requests for comment submitted to any member employed, or contracted, by the State Bar from the time period of January 1, 2010 to production 3. Copies of requests for access to records made to any member employed, or contracted, by the State Bar from the time period of January 1, 2010 to production, 4, Copies of all responses by the State Bar for any records request, or request for comment, from. the time period of January 1, 2010 to production 5. Copies of all expense reports or requests for reimbursement submitted by James Towery for the time period of 2009 to production, 6. Copies of all writings, data files and information or communications, including by not limited to memos, phone records, emails and notes, that are records related to any communication with a person known by the State Bar to be James Towery, Jim Towery, Judge Towery, including phone logs, contact lists, invitations and correspondence files. This request includes communications related to speaking, education , training and other communications for the time period of June 2021 to production, 7. Copies of alt writings, data files and information or communications, including by not limited to memos, phone records, emails and notes , that are records related to any communication with a person known by the State Bar to be Valerie Hougaton, including phone logs, contact lists, invitations and correspondence files. This request includes communications related to speaking, education , training and other communications for the time period of June 2011 to production. 8. Copies of all writings , data files and information or communications, including by not limited to memos, phone records, emails and notes , that are records related to any communication with a person known by the State Bar to be Brad Baugh or Bradford Baugh, DMS#173034 v1including phone logs, contact lists, invitations and correspondence files. This request includes communications related to speaking, education , training and other communications for the time period of June 2011 to production, 9. Copies of all writings , data files and information or communications, including by not limited to memos, phone records, emails and notes , that are records related to any communication with a person known by the State Bar to be Nat Hales, Ned Hales, Nat Hales, Jr. , Ned Hales, Jr, including phone logs, contact lists, invitations and correspondence files . This request includes communications related to speaking, education , training and other communications for the time period of June 2011 to production 10. Copies of all writings, data files and information or communications, including by not limited to memos, phone records, emails and notes, that are records related to any communication with a person known by the State Bar to be Walter Hammon including phone logs, contact lists, invitations and correspondence files. This request includes communications related to. speaking, education , training and other communications for the time period of June 2011 to production, 11. Copies of ali writings , data files and information or communications, including by not limited to memos, phone records, emails and notes , that are records related to any communication with a person known by the State Bar to be Valerie Tarvin , including phone logs, contact lists, invitations and correspondence files. This request includes communications related to speaking, education , training and other communications for the time period of June 2011 to production. 12, Copies of all writings, data files and information or communications, including by not limited to memos, phone records, emails and notes , that are records related to any communication with a person known by the State Bar to be Catherine Gallagher , including phone logs, contact lists, invitations and correspondence files . This request includes communications related to speaking, education , training and other communications for the time period of June 2011 to productio1 13, Copies of all writings, data files and information or communications, including by not limited to memos, phone records, emails and notes , that are records related to any ‘communication with a person known by the State Bar to be Robin Yeamans including phone logs, contact lists, invitations and correspondence files . This request includes communications related to speaking, education , training and other communications for the time period of June 2011 to production, 14, Copies of all writings, data files and information or communications, including by not limited to memos, phone records, emails and notes , that are records related to any ‘communication with a person known by the State Bar to be Garrett Dailey, including phone logs, contact lists, invitations and correspondence files. This request includes communications related to speaking, education , training and other communications for the time period of June 2011 to production. 15. Copies of ali writings, data files and information or communications, including by not limited to memos, phone records, emails and notes , that are records related to any communication with a person known by the State Bar to Robert J, Tennant, including phone logs, contact lists, invitations and correspondence files. This request includes communications related to speaking, education , training and other communications for the time period of June 2011 to production, Ms#173034 v216. Copies of all contacts binding the State Bar for payment, or other liability for the time period January 1, 2010 to production, this request includes payment for copyrighted materials, rentals agreements, loans meeting space, video recording, public relations, photographing, for any event, communication, training, or activity where a member of the State Bar would have been present. 17. Copies of all disclosures and financial reporting requirement policies of the State Bar. 18, Copies of any disclosure or financial reporting of James Towery for the time period 2009- to production. 19. Copies of any disclosure or financial reporting of Lisa Herrick for the time period 2009- to production. 20. Copies of all writings , data files and information or communications, including by not limited to memos , phone records, emails and notes , that are records related to any communication with a person known by the State Bar to be Lisa Herrick, General Counsel of the Santa Clara County Courts including phone logs, contact lists, invitations and correspondence files. This request includes communications related to speaking, education , training and other communications for the time period of June 2010 to production and may include the time period before and during a time when Ms. Herrick was employed by the Santa Clara County Superior Court. Response to your Request: As an initial mater, the State Bar was not subject to the California Public Records Act until January 1, 2016 (Senate Bill No, 387 (stats. 2015, ch. 537 § § 1 and 20). As such, the State Bar only possesses records responsive to Request | and 4 from January 1, 2016 to the present. Moreover, the State Bar’s obligation is to produce documents for copy or inspection upon a request that reasonably describes an identifiable record. (Gov. Code § 6253(b).) The State Bar must also be able to determine whether the records can be located with reasonable effort. (State Board of Equalization v. Superior Court (1992) 10 Cal.App.4" 1177, 1186.). Even a clearly framed request which requires the State Bar to search an enormous volume of data, or compels the production of a huge volume of material is objectionable as unduly burdensome, (American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Cal.3d 440; California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4" 159, 166.) Your request a voluminous amount of records that spans over a seven year time period and would likely amount to the collection of thousands, if not hundreds of thousands, of pages of documents. The process of searching for and collecting the volume of materials you requested is likely to take a substantial amount of time, and may potentially be unmanageable, Without waiving any objections, including any applicable exemptions under California Government Code 6254 and 6254, the State Bar will use its best efforts to determine how long it will take to search for the requested material, and whether a search is even possible with reasonable effort. This process of searching for responsive records may take meny months, and it wil then take additional time for the records to be reviewed and subsequently produced to you. DMS#173036 v2