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Proposed Amendment to Rule 2302 of the Rules of Procedure of the State Bar of California
The current version of State Bar Rule of Procedure 2302 is inconsistent with the applicable sections of the Business and Professions Code which pertain to confidentiality of State Bar records. As currently drafted, the rule could be construed to require the State Bar to treat non-attorney complaints or investigations as confidential. The rule references non-members in several places which could be construed to require the Chief Trial Counsel to conduct a balancing test before waiving confidentiality with respect to complaints or investigations against non-members. However, this implies that there is a duty of confidentiality with respect to non-members.
Revision of the rule is suggested to eliminate certain references to non-members in subsections (d)(1)(A), (d)(1)(B),(d)(1)(C) and (d)(4), and to add language that clarifies that the State Bar has no duty of confidentiality with respect to complaints or investigations related to non-members, but may assert confidentiality when necessary to protect members of the public.
Attachment 1: Current version of Rule 2302
Attachment 2: Redline version of Revised Rule 2302
Attachment 3: Clean version of Revised Rule 2302
Regulation and Discipline Committee
Sept. 8, 2016