PLEASE NOTE: Publication for public comment is not, and shall not be construed as, a recommendation or approval by the Board of Governors of the materials published.

SUBJECT

Proposed Amendments to Rule 9.21 of the California Rules of Court, Resignation of State Bar Members with Disciplinary Charges Pending

BACKGROUND

Rule 9.21 of the California Rules of Court specifies the requirements when a member submits a resignation while disciplinary charges are pending against the member. Rule 9.21 states requirements up to the point where the California Supreme Court accepts or declines to accept the resignation. Among other things, the member must agree to be transferred to inactive membership status upon the filing of his or her written resignation in the clerk’s office of the State Bar Court. The rule does not currently address the member’s membership status should the Court reject his or her resignation.

DISCUSSION/PROPOSAL

This proposal would amend Rule 9.21 to add provisions regarding the membership status of a member whose resignation is not accepted by the Supreme Court. The amendments would 1) make clear that a member whose resignation is rejected will remain on inactive status until further order of the State Bar Court or Supreme Court and 2) provide a procedure for a member to move the State Bar Court to be restored to active membership. Also, consistent with a requirement that the member stipulate as to facts and conclusions of law regarding disciplinary matters pending, the amendments would require a member who resigns with charges pending to waive confidentiality of any disciplinary matter or Client Security Fund matter pending against the member. (Rule 9.21(d)(8); Rules of Proc.of the State Bar, rule 5.427 (b).)

The period of public comment is 45days. If approved by the Board of Governors after public comment is received, the proposal will be transmitted to the Supreme Court for consideration and action.

ANY KNOWN FISCAL/PERSONNEL IMPACT

None known.

ATTACHMENTS

Attachment 1 - Agenda item dated Dec.  9, 2010

Attachment 2 - Proposed amendments to California Rule of Court 9.21

SOURCE

Board Committee on Regulation, Admissions and Discipline Oversight

COMMENT DEADLINE

Feb. 28, 2011

DIRECT COMMENTS TO:

Jill Sperber
Office of the Chief Trial Counsel
The State Bar of California
180 Howard Street
San Francisco, CA 94105
(415) 538-2023
(415) 538-1168 Fax
jill.sperber@calbar.ca.gov