Rule 5-110 (Special Responsibilities of a Prosecutor) and Rule 5-220 (Suppression of Evidence) have been amended by order of the California Supreme Court, effective May 1, 2017. (Read the Court order.) For more information, see the State Bar's News Release May 1, 2017.
On May 1, 2017, the Court issued Administrative Order 2017-04-26 which referred back proposed paragraph (D) and related Discussion paragraphs  and , and proposed paragraph (E) to the State Bar Board of Trustees for further consideration. Paragraph (D) addresses prosecutors’ ethical disclosure obligations and paragraph (E) addresses when attorneys may issue subpoenas to other attorneys. A revised rule 5-110, with the inclusion of a new paragraph (D), was approved by the Board of Trustees on July 13, 2017. Paragraph (E) was not included in this request and is pending further consideration the Board. The request to approve the proposed rule on an expedited basis was filed with the Supreme Court on August 31, 2017.
The Board of Trustees adopted proposed new and amended Rules of Professional Conducts at its November 17, 2016 and March 9, 2017 meetings. On March 30, 2017, the State Bar submitted the proposed rules to the California Supreme Court. Below is a link to the online docket posting at the California Courts website:
There is an option to sign-up for automatic e-mail notifications concerning this matter at the bottom of the docket posting page.
Please note that rule amendments adopted by the Board of Trustees of the State Bar of California do not become operative unless and until they are approved by the Supreme Court. We are not aware of any deadline for the Court to act on the State Bar's request.
The Board of Trustees adopted a revised Rule of Professional Conduct 5-110 at its July 13, 2017 meeting. This revised rule includes a new paragraph (D) and related discussion paragraphs concerning pretrial disclosure obligations which were not previously approved by the Supreme Court.
The Board of Trustee authorized an additional 45-day public comment period on three alternative rule drafts governing subpoenas of lawyers at its July 13, 2017 meeting. The deadline to submit public comment is Monday, Aug. 28, 2017. See the public comment notice.