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

SUBJECT:

Proposed amendments regarding suspension for failure to pay court-ordered child or family support (California Rule of Court 9.22 and State Bar rule 2.34)

BACKGROUND:

California Rule of Court 9.22 governs suspension of a member who fails to comply with court-ordered child or family support. State Bar rule 2.34 is the companion implementation rule.

In California Rule of Court 9.22, subdivision (a) authorizes the State Bar to make an annual recommendation for suspension of members who are delinquent in court-ordered support payments under Family Code section 17520. Section 17520 provides for suspending the license of a person who fails to pay court-order child or family support, and denying a new license to such a person. Section 17520 contains notice and timeline requirements; conditions of reinstatement and re-suspension; and a process by which the person may challenge being named delinquent in paying support.

DISCUSSION/PROPOSAL:

This proposal would amend California Rule of Court 9.22 (a) to authorize the State Bar to transmit a recommendation of suspension to the Court twice a year instead of annually, and (b) to authorize the State Bar to reinstate a suspended member who becomes compliant with his or her support obligation without returning to the Court for a reinstatement order. State Bar rule 2.34 is the companion implementation rule. This agenda item proposes amendments to these rules in order to make the process of suspension and reinstatement more effective and efficient.

ANY KNOWN FISCAL/PERSONNEL IMPACT:

None

ATTACHMENT:

Regulation, Admissions and Discipline Oversight Committee - May 10, 2012 - Agenda Item
Attachment A- Proposed New California Rule of Court 9
Attachment 2- Rules of the State Bar Title 2, Division 3
Attachment 3- Proposed New California Rule of Court 9

SOURCE:

Regulation, Admissions and Discipline Oversight Committee

DEADLINE:

June 14, 2012

DIRECT COMMENTS TO:

Dina DiLoreto
Membership Records
The State Bar of California
180 Howard Street
San Francisco, CA 94105
Ph. (415) 538-2121
Fax (415) 538-2576
E-mail: dina.diloreto@calbar.ca.gov