Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), a public corporation governed by a board of trustees. Under existing law, the officers of the State Bar are a chair, a vice chair, and a secretary. Existing law requires the chair to preside at all meetings of the State Bar and of the board, and requires the vice chair to preside at those meetings in the event of the chair’s absence or inability to act. Existing law authorizes the board to prescribe additional duties of the chair and the vice chair and to prescribe the duties of the secretary.
This bill would require the board to
appoint an executive director of the State Bar to assist the board in carrying out its executive functions of the State Bar and to appoint a general counsel of the State Bar to serve as the chief legal advisor to the board on issues not related to attorney discipline, as specified. The bill would set the length of the term for those appointments at 4 years, and would authorize reappointment for additional 4-year terms. The bill would require the State Bar to notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of those positions, and would make those appointments subject to confirmation by the Senate, as specified. The bill would limit the application of these provisions to persons appointed on or after January 1, 2024.
Existing law states legislative intent and findings regarding diversity and inclusion in the practice of law. Existing law requires the State
Bar to develop and implement a plan to meet specified goals and to prepare and submit a report to the Legislature, by March 15, 2019, and every 2 years thereafter, on the plan and its implementation, as prescribed.
This bill would change the date for the submission of the report to March 30 every 2 years.
Existing law authorizes the State Bar Court to order the involuntary inactive enrollment of an attorney for violation of probation under specified circumstances and requires the State Bar Court to terminate such an enrollment upon expiration of a period equal to the period of stayed suspension in the probation matter, or until the State Bar Court makes an order regarding the recommended actual suspension in the probation matter, whichever occurs first.
This bill would require the State Bar Court to terminate enrollment upon expiration of that described period or until the
effective date of a Supreme Court order imposing an actual suspension on account of the probation violation or other disciplinary matter, whichever occurs first.
Existing law provides for the creation of an examining committee within the State Bar with varied responsibilities relating to examinations and other requirements for admission to the practice of law, including, among others: giving 2 years’ notice of certain changes to the bar examination; approving preparatory studies that precede the study of law and the study of law; registration of law students; prescribing examinations in professional responsibility or legal ethics; receiving applications for and giving the general bar examination; administering a law students’ examination to subject law students after their first year of law study; certifying to the California Supreme Court that an applicant has fulfilled the requirements for admission to practice law; and collecting fees fixed by the board to defray
the expense of administering existing law relating to admission to practice.
This bill would with respect to these specified responsibilities replace the examining committee with the State Bar. The bill would make related conforming changes. The bill would delete obsolete provisions relating to passing the law students’ examination.
Existing law requires an applicant for admission and licensure to practice law to meet certain requirements, including passing a general bar examination. Existing law gives an unsuccessful applicant for admission to practice, after they have taken any examination and within 4 months after results have been declared, the right to inspect their examination papers at the office of the examining committee located nearest to the place at which the applicant took the examination. The applicant also has the right to inspect the grading of the papers.
This bill
would delete those inspection provisions and, instead, would require that an applicant for admission to practice who did not pass the California bar examination, for 30 days following the release of examination results, have electronic access to their answers to the written sessions of the bar examination, including the ability to download, save, and print.
Existing law, except as specified, requires hearings and records of original disciplinary proceedings in the State Bar Court to be public, following a notice to show cause. Existing law excepts disciplinary investigations from that requirement and makes them confidential, as prescribed. Existing law authorizes waiver of that confidentiality requirement by specified entities under specified exceptions.
This bill would revise the existing exceptions under which confidentiality may be waived. The bill would additionally authorize the board, notwithstanding the
confidentiality of investigations, to vote to waive confidentiality, but only when warranted for protection of the public. The bill would require the board to hold a meeting under these provisions in closed session and to provide notice to a licensee whose confidential information is being considered for disclosure. The bill, for the board’s assessment whether to waive confidentiality, would establish a presumption in favor of maintaining confidentiality and establish specified considerations. The bill would provide for related public announcements by the Chief Trial Counsel or Chair of the State Bar and for prior notice of such announcements to the licensee. The bill would authorize a licensee to file a motion, to be heard within 10 days of filing, to prevent the State Bar from disclosing information pursuant to the waiver.
This bill, beginning January 1, 2025, would prohibit the
Chief Trial Counsel from issuing private letters of reprisal to an attorney accused of misconduct. The bill, by April 1, 2024, would require the board, in consultation with the Chief Trial Counsel, to provide to the Assembly and Senate Judiciary Committees recommendations for codifying a formal disciplinary diversion program for attorneys accused of minor violations of the Rules of Professional Conduct.
Existing law requires the State Bar to issue an Annual Discipline Report by October 31 of each year describing the performance and condition of the State Bar discipline system, including all matters that affect public protection, as prescribed.
This bill would change the deadline for that report to November 30 of each year.
Existing law authorizes the board, with the approval of the Supreme Court, to formulate and enforce rules of professional conduct for
all licensees of the State Bar. Under existing law, a person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor. Existing law authorizes the State Bar to notify the appropriate district attorney or city attorney that a person has filed what the State Bar believes to be a false and malicious report or complaint against an attorney and recommend prosecution of that person.
This bill would require a licensee to inform the State Bar if the licensee knows that another licensee has conspired to engage in, or has engaged in, treason, sedition, or insurrection against the State of California or the United States. The bill would deem to have committed professional misconduct any licensee of the State Bar who makes a complaint to the State Bar pursuant to this reporting provision with the intent to
intimidate, harass, or otherwise deter a fellow licensee from engaging in the lawful practice of law. The bill would authorize the board to amend the rules of professional conduct, and require the board to propose those amendments to the Supreme Court for approval, to implement these reporting provisions.
Existing law relating to suspension or disbarment of an attorney requires a court that finds after prescribed proceedings that a crime of which an attorney was convicted or the circumstances of its commission involved moral turpitude, to enter an order disbarring the attorney or suspending them from practice for a limited time, according to the gravity of the crime and the circumstances of the case, or to otherwise dismiss the proceedings.
This bill, in lieu of the alternative of dismissing the proceedings, would require a court to determine if the facts and circumstances surrounding the conviction involve other misconduct
warranting discipline, and if so, impose the appropriate discipline.
Existing law, until January 1, 2024, requires the board to charge an annual license fee for active licensees for 2023 of up to $390, or of up to $386 if certain conditions are met, for active licensees for 2023.
the State Bar has entered into a contract to sell its San Francisco office building by October 31, 2022.
Existing law, except as specified, law requires the board, on and after January 1, 2022, board to charge an annual license fee for inactive licensees of up to $97.40 for inactive licensees. Existing law, until January 1, 2023, requires that the inactive license fee be $1 lower $97.40, or of up to $96.40 if the State Bar has entered
into a contract to sell its San Francisco office building by October 31, 2022.
This bill, until January 1, 2025, would, instead, require the board to charge an annual license fee of up to $391 $390 for active licensees for 2024. 2024, without the exception relating to the sale of the San Francisco office building described above.
The bill, until beginning January 1, 2024, would require the board to charge an annual license fee of up to $97.40 for inactive licensees. licensees, without the exception relating to the sale of the San Francisco office building described above.
Existing law generally requires the State Bar to hold the net proceeds from the sale of real property, as described, without expenditure or commitment for any purpose until approved by the Legislature by statute. Existing law, as an exception to that
provision, authorizes up to 10% of the net proceeds from the sale of the State Bar’s San Francisco office to be used for improvement of the State Bar’s discipline system, as specified.
This bill would revise that exception to instead authorize the State Bar to use the net proceeds from the sale of the State Bar’s San Francisco office to cover employee salaries and to cover operational costs associated with the State Bar’s discipline system and administration of the biannual admissions exam.
Existing law requires the board to establish and administer a Client Security Fund to relieve or mitigate pecuniary losses caused by the dishonest conduct of active licensees, registered foreign legal consultants, and certain other attorneys, arising from or connected with the practice of law. Existing law
requires reimbursement of the fund by an attorney whose actions have caused payment from the fund and provides for collection, as specified.
This bill would further provide that the licensee’s obligation to reimburse the fund is imposed as a penalty, payable to and for the benefit of the State Bar, to promote rehabilitation and protect the public. The bill would also provide that the reimbursement provisions are declaratory of existing law.
Existing law requires the board to engage the services of an independent national or regional public accounting firm with specified experience for an audit of its financial statement for each fiscal year. Existing law requires that a copy of the audit and financial statement be submitted within 120 days of the close of the fiscal year to the board, the Chief Justice of the Supreme Court, and the Assembly and Senate Committees on Judiciary.
This
bill would require that submission annually on or before May 31.
Existing law requires the board to establish and administer an Attorney Diversion and Assistance Program, as prescribed, to identify and rehabilitate attorneys with impairment due to substance use or a mental health disorder affecting competency so that attorneys so afflicted may be treated and returned to the practice of law in a manner that will not endanger the public health and safety. Existing law requires the board to establish a committee to oversee the operation of the program, with membership and responsibilities as prescribed. Existing law requires the committee to report to the board and to the Legislature annually on March 1 on the implementation and operation of the program, as specified.
This bill would delete that committee report requirement.
Existing constitutional provisions require
that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.