The State Bar seeks public comment on a proposed State Bar Rule regarding the impact of non-compliance with attorney fingerprinting requirements.
Deadline: 5 p.m. April 20, 2018
Proposed State Bar Rule regarding the impact of non-compliance with attorney fingerprinting requirements
Recently amended Business and Professions Code section 6054(d) states, "If required to be fingerprinted pursuant to this section, a member of the State Bar who fails to be fingerprinted may be enrolled as an inactive member pursuant to Rules adopted by the board of trustees."
Pursuant to this subsection, the State Bar is circulating a proposed State Bar Rule, entitled Non-Compliance with Attorney Fingerprinting Requirements, for a 30-day public comment period.
On March 9, 2018, the Board of Trustees authorized a 30-day public comment period for a proposed State Bar Rule regarding the impact of non-compliance with mandatory fingerprinting requirements.
The proposed rule states:
Non-Compliance with Attorney Fingerprinting Requirement
Non-compliance is failure to submit proof that fingerprints have been taken in accordance with state law and State Bar procedures.
Enrollment as inactive for fingerprinting non-compliance
A licensee determined by the State Bar to be in non-compliance with State Bar fingerprinting requirements will be enrolled as inactive and not eligible to practice law. The enrollment is administrative and no hearing is required.
All licenses will receive notices of non-compliance at least 60 days prior to involuntary inactive enrollment.
Reinstatement following fingerprinting non-compliance
Enrollment as inactive for fingerprinting non-compliance terminates when a licensee submits proof of compliance
Board of Trustees
Board of Trustees Item 702
5 p.m. April 20, 2018
To submit your comments, please use the online public comment form. Alternatively, written comments may be sent to:
Office of General Counsel
The State Bar of California
180 Howard St.
San Francisco, CA 94105