SUBJECT:

JNE Process Review Committee -- Proposed Revisions to State Bar Rules and Government Code Section 12011.5

BACKGROUND:

The JNE Process Review Committee (“Committee”) was formed to review the rules and procedures governing the Commission on Judicial Nominees Evaluation (“JNE”) and make recommendations for improvements.  The Committee reviewed the JNE process and recommended several new procedures for JNE which, to implement, will require revisions to Title 7 of the State Bar Rules or Government Code section 12011.5.

PROPOSAL:

Proposed amendments to the State Bar Rules would implement the following new procedures for JNE:  (1) require appointment of an investigative committee by the State Bar President within 7 days of any alleged breach of confidentiality; (2) expand the size and diversity of the JNE Review Committee, which hears appeals of “not qualified” ratings, and include a new standard of review which would give the Review Committee discretion to rescind a not qualified rating if it finds there is not substantial evidence to support the rating; (3) shorten the time to request review of a not qualified rating from the current 60 days to 30 days from the candidate’s receipt of notice of the rating, and also provide that the entire review process be completed within 90 days of the time a request for review is submitted; and (4) specify that the State Bar may only exercise its discretion to make public a not qualified rating after the review process is completed.  A proposed amendment to Government Code section 12011.5 would include an additional rating of “not qualified at this time” to the existing ratings for JNE candidates.

KNOWN FISCAL/PERSONNEL IMPACT:

None

ATTACHMENTS:
SOURCE:

Board Committee on Member Involvement Relations and Services
July 22, 2010
Agenda Item III.J.

DEADLINE:

September 13, 2010

DIRECT COMMENTS TO:

Pat Bermudez
Office of General Counsel
180 Howard Street
San Francisco, CA 94105
415-538-2270
415-538-2321 (fax)
Email: Pat.bermudez@calbar.ca.gov