State Bar Rule 7.8 re JNE Records, Proposed Amendment
Background: Rule 7.8 of the State Bar Rules currently provides that, upon completion of their term, JNE commissioners must forward all Confidential Comment Forms and other records related to commission investigations and activities to the State Bar. During the past year, the JNE Commission began sending out electronic versions of Confidential Comment Forms. Since this new “paperless” initiative will result in JNE Commissioners having possession of electronic as well as paper records related to JNE activities, the Board Operations Committee voted to amend Rule 7.8 to clarify that electronic records are included in the scope of the rule.
Proposal: The amendment to Rule 7.8 adds a sentence that clarifies that, in addition to requiring the return of all paper documents relating to the JNE Commission, the rule requires JNE Commissioners who have completed their term to transfer all electronic records in their possession to the State Bar and also delete any records from electronic devices not issued by the State Bar.
Under State Bar Rule 1.10(C), the Board may adopt a rule on an interim basis without circulating for public comment if it finds that an emergency exists. Since this is a clarifying amendment and is designed to protect confidentiality and ensure the security of JNE records, the Board Operations Committee voted to adopt the rule amendment immediately on an interim basis. The State Bar is also seeking public comment regarding the rule amendment. At the close of the public comment period, the full Board of Governors will vote on the rule.
Board Operations Committee, September 2, 2010
Monday, October 25, 2010
Office of General Counsel
180 Howard Street, San Francisco, CA 94105