[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1607.3]



[Page 387-388]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER XVI--LEGAL SERVICES CORPORATION

 

PART 1607_GOVERNING BODIES--Table of Contents

 

Sec. 1607.3  Composition.



    (a) A recipient shall be incorporated in a State in which it 

provides legal assistance and shall have a governing body which 

reasonably reflects the interests of the eligible clients in the area 

served and which consists of members, each of whom is supportive of the 

purposes of the Act and has an interest in, and knowledge of, the 

delivery of quality legal services to the poor.

    (b) At least sixty percent (60%) of a governing body shall be 

attorney members.

    (1) A majority of the members of the governing body shall be 

attorney members appointed by the governing body(ies) of one or more 

State, county or municipal bar associations, the membership of which 

represents a majority of attorneys practicing law in the localities in 

which the recipient provides legal assistance.

    (i) Appointments may be made either by the bar association which 

represents a majority of attorneys in the recipient's service area or by 

bar associations which collectively represent a majority of the 

attorneys practicing law in the recipient's service area.

    (ii) Recipients that provide legal assistance in more than one State 

may provide that appointments of attorney members be made by the 

appropriate bar association(s) in the State(s) or locality(ies) in which 

the recipient's principal office is located or in which the recipient 

provides legal assistance.

    (2) Any additional attorney members may be selected by the 

recipient's governing body or may be appointed by other organizations 

designated by the recipient which have an interest in the delivery of 

legal services to the poor.



[[Page 388]]



    (3) Appointments shall be made so as to insure that the attorney 

members reasonably reflect the diversity of the legal community and the 

population of the areas served by the recipient, including race, 

ethnicity, gender and other similar factors.

    (c) At least one-third of the members of a recipient's governing 

body shall be eligible clients when appointed. The members who are 

eligible clients shall be appointed by a variety of appropriate groups 

designated by the recipient that may include, but are not limited to, 

client and neighborhood associations and community-based organizations 

which advocate for or deliver services or resources to the client 

community served by the recipient. Recipients shall designate groups in 

a manner that reflects, to the extent possible, the variety of interests 

within the client community, and eligible client members should be 

selected so that they reasonably reflect the diversity of the eligible 

client population served by the recipient, including race, gender, 

ethnicity and other similar factors.

    (d) The remaining members of a governing body may be appointed by 

the recipient's governing body or selected in a manner described in the 

recipient's bylaws or policies, and the appointment or selection shall 

be made so that the governing body as a whole reasonably reflects the 

diversity of the areas served by the recipient, including race, 

ethnicity, gender and other similar factors.

    (e) The nonattorney members of a governing body shall not be 

dominated by persons serving as the representatives of a single 

association, group or organization, except that eligible client members 

may be selected from client organizations that are composed of 

coalitions of numerous smaller or regionally based client groups.

    (f) Members of a governing body may be selected by appointment, 

election, or other means consistent with this part and with the 

recipient's bylaws and applicable State law.

    (g) Recipients shall make reasonable and good faith efforts to 

insure that governing body vacancies are filled as promptly as possible.

    (h) Recipients may recommend candidates for governing body 

membership to the appropriate bar associations and other appointing 

groups and should consult with the appointing organizations to insure 

that:

    (1) Appointees meet the criteria for board membership set out in 

this part, including financial eligibility for persons appointed as 

eligible clients, bar admittance requirements for attorney board 

members, and the general requirements that all members be supportive of 

the purposes of the Act and have an interest in and knowledge of the 

delivery of legal services to the poor;

    (2) The particular categories of board membership and the board as a 

whole meet the diversity requirements described in Sec. Sec. 

1607.3(b)(3), 1607.3(c) and 1607.3(d);

    (3) Appointees do not have actual and significant individual or 

institutional conflicts of interest with the recipient or the 

recipient's client community that could reasonably be expected to 

influence their ability to exercise independent judgment as members of 

the recipient's governing body.