The State Bar seeks public comment on recommendations adopted by the Ad Hoc Commission on the Discipline System.
Deadline: November 28, 2022
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
The Board of Trustees established the Ad Hoc Commission on the Discipline System to assess the initiatives, policies, and procedures implemented to improve the efficiency, effectiveness, and fairness of the attorney discipline system and to identify any additional improvements needed. The 26-member commission began its work in April 2021 and included members with a broad array of backgrounds and expertise in the legal profession and regulatory agencies. The commission conducted a comprehensive review of the initiatives, policies, and procedures the Office of Chief Trial Counsel (OCTC) developed and implemented over the last several years.
At its meetings on June 1, 2022, and August 24, 2022, the commission adopted the following nine recommendations listed below by topic area.
Attorney Representation
State Bar research showed that racial disparities in discipline outcomes can be partially explained by racial disparities in attorneys having representation as they engaged in disciplinary proceedings.
The commission learned about the State Bar Court’s Appointed Counsel Program, a program that appoints counsel when a licensee asserts a claim of insanity or mental incompetence or when the State Bar Court finds the licensee unable to perform competently due to mental infirmity or illness.
As a result, the commission recommended that the Board of Trustees:
Eligibility for the program would be limited to attorneys who qualify for reduced license fees (2022 threshold is $60,500 in gross annual individual income from all sources).
There is no fiscal impact for the requested action. State Bar staff will generate a projected fiscal impact of the final recommendations submitted by the commission to the Board subsequent to the public comment period.
Board of Trustees
November 28, 2022