COLUMN
BY FRANCIS ADEWALE
“Policy Speak is the principle that: If you just tell people the policy facts, they will reason to the right conclusion and support the policy wholeheartedly. … The view of human reason and language behind Policy Speak is just false. Certainly reason should be used. … Certainly the truth should be told. It’s just that it should be told so it makes sense to people, resonates with them and inspires them to act.”11 George Lakoff, “The Policy-Speak Disaster for Health Care,” Aug. 20, 2009. Cited in Deborah L. Rhodes, Leadership for Lawyers, 3d ed. (2020) (ISBN-13: 978-1-5438-2001-0), p. 217. NY: Walters Kluwer.
I have served on the WSBA Board of Governors for more than four years and it never ceases to amaze me to see folks turn up at a Board meeting seeking to participate in a policy discourse that has already gone through first, second, and third reading and is set for final action. I sympathize with their frustrations, and I frequently explain to them that the best way to shape policy is not when it’s coming up to the Board for final action but when the sausage is being put together at the committee stage. In this piece, I will seek to explain the process for WSBA policy formulation, the decision-making process, and steps for Board adoption of policy.
Any interested person or WSBA member can seek to propose any significant policy for consideration by the Board of Governors through their district governors or governors-at-large. GR 12.2 prohibits the Bar from taking positions on issues concerning the politics or social positions of foreign nations; taking positions that do not relate to or affect the objectives of GR 12.1 or GR 12.2(a) or (b); or supporting or opposing, in an election, candidates for public office. As a mandatory bar, the WSBA is also limited to enacting policy that is germane to regulating the legal profession or improving the delivery of legal services. Germaneness “requires inherent connection to the practice of law and not mere connection to a personal matter that might impact a person who is practicing law.”22 Boudreaux v. La. Bar Association, 86 F. 4th 620, 633 (5th Cir. 2023).
In July 2022, the Board of Governors adopted the following “Board of Governors Policy Re: Requests for Action,” that details the process for submitting matters to the Board for action.33 www.wsba.org/docs/default-source/about-wsba/governance/bog-policy-index/309-bog-action-policy.amended-jul-22-2022.pdf?sfvrsn=490e10f1_6. The goal of the process is “to ensure that the Board had sufficient information to make a decision, including compliance with relevant rules, fiscal impact, and the input of various stakeholders.”
- Initial Request. Requests for BOG action should be submitted to the President and the Executive Director. The President and Executive Director, in consultation with WSBA General Counsel will determine whether the request is appropriately taken up under General Rule 12.2, the WSBA Bylaws and any other applicable law or order.
- Review by BOG Committee. If the request is from an individual or a non-WSBA entity, the President may refer it to the appropriate BOG Committee to determine whether the matter should be explored further. If there is not a BOG Committee appropriate to the subject matter, it may be referred to the Executive Committee.
- Analysis. When a matter has been requested by a WSBA entity or has been approved for further exploration by a BOG Committee, the Executive Director will ensure that the matter is analyzed, including fiscal impact, equity analysis, stakeholder analysis and input, rule compliance, and implementation implications. A reasonable amount of time should be provided for this analysis taking into account the scope, magnitude, and relative novelty of the request. This information will be shared, as appropriate, to aid in the Board’s decision-making.
As evident from the above-mentioned Board of Governors Policy Re: Requests for Action, the best opportunity to impact a policy is at the committee stage. Nearly all of the WSBA’s committees hold public meetings and are expected to gather input on their proposals.
The Board of Governors Policy Re: Requests for Action further states that:
Changes to the WSBA Budget should not be approved without a rigorous review of the pros, cons and impacts of said change. As such, any request, proposal, change or suggestion that would require a change to the WSBA budget that arises during a meeting or has not been subject to analysis as described above, should be tabled until the next BOG meeting to provide time for that analysis.
All WSBA policy proposals are subject to fiscal review by the WSBA director of finance. The Budget and Audit Committee makes recommendations to the Board of Governors on all fiscal proposals. Any recommendation put forth by the Budget and Audit Committee is intended to be completed and delivered to the full Board for approval. This is why I urge all members intending to shape WSBA policy to participate at the committee stage. You do not need to be a Board member to join any committee meeting and provide input. All Board meetings and most meetings of other Bar entities are open to the public. All are permitted to attend any meeting except those specifically restricted by the Bylaws or under court rules. Henceforth, we will announce committee meeting dates and times at the end of every Board meeting and ensure links to the meetings are prominently inserted in the Board agenda notices.
For those seeking to attend committee meetings, visit www.wsba.org/about-wsba/who-we-are/board-of-governors#committees for more information.
Public Participation in Board Meetings
The WSBA Bylaws stipulate that all meetings of the Board or other Board entity must be open and public: “All persons will be permitted to attend any meeting … A member of the public will not be required, as a condition of attendance at a meeting to register his or her name and other information, to complete a questionnaire or otherwise to fulfill any condition precedent to his or her attendance.”
The Bylaws provide for attendance but do not necessarily guarantee an opportunity for expression of opinion. The purpose of Board meetings is for members of the Board to receive reports from its appointed entities, deliberate, debate, and make decisions in an orderly fashion. The Board, as a matter of convention, however, usually permits comments from the public present in person or online via Zoom. There has been some concern that the Board of Governors is not able to debate the pros and cons of issues before them prior to voting because we permit public members to weigh in on every topic without any guidelines.
Public participation in Board of Governors meetings is important but should not be at the expense of robust debate by the Board of Governors. I have been seeking input on what to do to help streamline this process as well as to provide accommodation for all interested in contributing to the debate. I have heard from some Board executive committee members, and I also seek suggestions from others on the Board and members of the public who frequently attend Board meetings. I have resolved to keep the same process we used last year, by keeping the discretion as president to recognize those members of the public who wish to speak, while I gather more input on the best course of action. If this issue is important to you, please provide your viewpoint through a letter to the editor.
The WSBA welcomes your feedback and input. There is no attempt to restrict public participation in Board meetings. Anyone seeking to contribute to any topic is welcome. Written comments can be submitted to boardfeedback@wsba.org. Comments received at least three days in advance of a meeting will be shared with the entire Board.
As I continue to review this process, I will update Bar News readers. My singular goal this year is to lead efficient and productive Board meetings, reduce costs, and be fiscally responsible to the members and the public we serve. I urge all to assist me in achieving this objective.
Bend the Arc!
SIDEBAR
Get to Know a Committee
The WSBA Board of Governors currently has eight committees. Current meeting schedules can be found online at www.wsba.org/about-wsba/who-we-are/board-of-governors#committees.
- Budget and Audit Committee. Reviews, recommends, and takes action on WSBA financial matters including the annual budget and long-range financial planning, annual audits, significant fiscal policies, investments, and designated expenditure approvals.
- Long-Range Planning Council. Develops and makes recommendations to the WSBA Board of Governors for adoption of organizational goals and objectives, together with recommendations for their implementation.
- Member Engagement Council. Educates members in a proactive manner about the WSBA’s and Board of Governor’s actions and work, seeks input and involves members in decision-making processes, and builds relationships between members and WSBA governance.
- Governance Committee. Oversees the Board’s compliance with its operating framework, structure, and practices and makes recommendations to the Board to improve efficiency and functionality.
- Awards Committee. Reviews nominations of outstanding individuals and groups for the annual Acknowledging Professional Excellence (APEX) Awards and submits its recommendations to the Board of Governors for review.
- Legislative Committee. Considers legislation of interest to the WSBA and provides guidance as needed to the Bar’s Outreach and Legislative Affairs staff, who typically present legislation for review to the committee.
- Nominations Committee. Reviews applications and makes appointments and nominations to the WSBA’s many boards and committees.
- Personnel Committee. The Personnel Committee conducts the annual evaluation of the executive director and coordinates with WSBA staff in recruitment and outreach efforts for Board of Governors positions.
GUEST COLUMN > In each issue of Bar News, WSBA President Adewale asks one Washington legal professional, one “Hero of Justice,” to share how they came to practice law, read the column here.
About the author
Francis A. Adewale is the 2025-2026 WSBA president. He can be reached at:
NOTES
1. George Lakoff, “The Policy-Speak Disaster for Health Care,” Aug. 20, 2009. Cited in Deborah L. Rhodes, Leadership for Lawyers, 3d ed. (2020) (ISBN-13: 978-1-5438-2001-0), p. 217. NY: Walters Kluwer.
2. Boudreaux v. La. Bar Association, 86 F. 4th 620, 633 (5th Cir. 2023).