Bill Text: CA SB42 | 2023-2024 | Regular Session | Amended

California Senate Bill 42

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Community Assistance, Recovery, and Empowerment (CARE) Court Program: process and proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-27 - Chaptered by Secretary of State. Chapter 640, Statutes of 2024. [SB42 Detail]

Download: California-2023-SB42-Amended.html

Amended IN Assembly June 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 42

Introduced by Senator Umberg

December 05, 2022

An act to add Section 6090.8 to the Business and Professions Code, relating to attorneys.

LEGISLATIVE COUNSEL'S DIGEST

SB 42, as amended, Umberg. Attorneys: reporting professional misconduct.

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. 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, it is cause for suspension, disbarment, or other discipline for any licensee, whether acting on their own behalf or on behalf of someone else, whether or not in the context of litigation, to solicit, agree, or seek certain agreements, including agreements that misconduct or the terms of a settlement of a claim for misconduct shall not be reported or that a complainant shall withdraw a disciplinary complaint or shall not cooperate with the investigation or prosecution conducted by 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, except as specified, would require a licensee of the State Bar who ~~knows~~ knows, as defined, that another licensee has engaged in professional misconduct to the detriment of a client and that raises a substantial question as to that licensee’s honesty, trustworthiness, or ~~fitness as an attorney in other respects,~~ ability to perform legal services with competence, to inform the State Bar. 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 also 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 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 the bill.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 6090.8 is added to the Business and Professions Code, to read:

6090.8.

(a) (1) A licensee of the State Bar who knows that another licensee has engaged in professional misconduct to the detriment of a client and that raises a substantial question as to that licensee’s honesty, trustworthiness, or ~~fitness as an attorney in other respects,~~ ability to perform legal services with competence, shall inform the State Bar.

(2) A licensee of the State Bar who 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, shall inform the State Bar.
(3) For the purpose of this subdivision, “knows” means actual knowledge of the fact in question. A licensee’s knowledge may be inferred from circumstances.

(b) This section does not require disclosure of information otherwise protected by the attorney-client privilege or information gained by a licensee while participating in the Attorney Diversion and Assistance Program.

(c) A licensee of the State Bar who makes a complaint to the State Bar pursuant to subdivision (a) with the intent to intimidate, harass, or otherwise deter a fellow licensee from engaging in the lawful practice of law shall be deemed to have committed professional misconduct.
(d) The board may amend the Rules of Professional Conduct, and shall propose those amendments to the Supreme Court for approval, to implement this section.