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Article 2 - Administration (6010-6034)
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- 6010. Board of Governors in General
- 6011. Number of Members
- 6012. (Amended by Stats. 1975, ch. 874;
Stats. 1989, ch. 1223. Repealed by Stats. 1989, ch. 1223, operative July 1,
1990.)
- 6012.5. Adjustment of Counties Included
in State Bar Districts
- 6013. (Origin: State Bar Act, 1. Amended
by Stats. 1975, ch. 874; Stats. 1978, ch. 995; Stats. 1989, ch. 1223. Repealed
by Stats. 1989, ch. 1223, operative July 1, 1990.)
- 6013.1. Membership from Bar Districts
and Young Lawyers Association; Operative Date of Section
- 6013.4. Members from Young Lawyers Association;
Term; Vacancy
- 6013.5. Public Members; Appointment;
Qualifications; Term
- 6013.6. (Added by Stats. 1983, ch. 646.
Repealed January 1, 1990 by its own terms.)
- 6013.6. Employment by Public Agencies;
Reduced Compensation; Job-Related Benefits
- 6014. Election of Members; Successive Terms
- 6015. Qualifications of Members
- 6016. Tenure of Members; Vacancies; Interim
Board
- 6017. Terms of Members from Respective
State Bar Districts
- 6018. Nominations; Qualifications to Vote
- 6019. Elections
- 6020. Officers in General
- 6021. Election; Time; Assumption of Duties
- 6022. Secretary
- 6023. Continuance in Office
- 6024. Duties of Officers
- 6025. Rules and Regulations; Meetings and
Quorum
- 6026. Reports; Matters Considered at Annual
Meeting
- 6026.5. Open/Close Meetings of the Board
- 6027. Special Meetings
- 6028. Payment of Expenses; Compensation
- 6029. Appointment of Committees, Officers
and Employees; Salaries and Expenses
- 6030. Executive Functions; Enforcement
of Chapter; Injunction
- 6031. Functions in Aid of Jurisprudence,
Justice; Evaluation of Justices
- 6031.5. Conference of Delegates, State
Bar Sections-Restriction on Funding, Voluntary Fees
- 6032. Affirmative Action Program Study
and Report
- 6033. Nonprofit Organizations Providing
Free Legal Services-Collection of Voluntary Financial Support; Task Force Study
- 6034. California Legal Corps-Establishment
and Administration
§6010. Board of Governors in General
The State Bar is governed by a board known as the board of governors of the
State Bar. The board has the powers and duties conferred by this chapter. (Origin:
State Bar Act, §20.)
§6011. Number of Members
The board consists of 22 members and the President of the State Bar. (Amended
by Stats. 1975, ch. 874; Stats 1978, ch. 995; Stats. 1985, ch. 465.)
§6012. (Amended by Stats. 1975, ch. 874; Stats. 1989, ch. 1223. Repealed
by Stats. 1989, ch. 1223, operative July 1, 1990.)
§6012.5 Adjustment of Counties Included in State Bar Districts
Notwithstanding any other provision of law, beginning July 1, 1990, and every
10 years thereafter, the board shall adjust the counties included in the State
Bar Districts as they existed on June 30, 1990, and shall provide for the election
of attorney members of the board from those districts. The primary consideration
to be employed when adjusting the counties included in the State Bar Districts
shall be the development of an equitable distribution of attorney members to
governors in each district, except for the district containing rural counties
such as those contained in State Bar District No. 1 as it existed on June 30,
1990. (Added by Stats. 1989, ch. 1223.)
§6013. (Origin: State Bar Act, 1. Amended by Stats. 1975, ch. 874; Stats.
1978, ch. 995; Stats. 1989, ch. 1223. Repealed by Stats. 1989, ch. 1223, operative
July 1, 1990.)
§6013.1. Membership from Bar Districts and Young Lawyers Association; Operative
Date of Section
The attorney membership of the board is composed of:
- Fifteen members to be elected from the State Bar Districts created by the
board pursuant to Section 6012.5.
- One member from the membership of the California Young Lawyers Association
appointed pursuant to Section 6013.4.
This section shall become operative on July 1, 1990. (Added by Stats. 1989,
ch. 1223., operative July 1, 1990.)
§6013.4 Members from Young Lawyers Association; Term; Vacancy
Notwithstanding any other provision of law, one member of the board shall be
elected by the board of directors of the California Young Lawyers Association,
from the membership of that association.
Such member shall serve for a term of one year, commencing at the conclusion
of the annual meeting next succeeding the election and is eligible for reelection.
A vacancy shall be filled by election in the manner provided herein for the
unexpired term. (Added by Stats. 1978, ch. 995.)
§6013.5 Public Members; Appointment; Qualifications; Term
Notwithstanding any other provision of law, six members of the board shall
be members of the public who have never been members of the State Bar or admitted
to practice before any court in the United States. They shall be appointed through
1982 by the Governor, subject to the confirmation of the Senate.
Each of such members shall serve for a term of three years, commencing at the
conclusion of the annual meeting next succeeding his appointment, except that
for the initial term after enactment of this section, two shall serve for one
year, two for two years, and the other two for three years, as determined by
lot.
In 1983 one public member shall be appointed by the Senate Committee on Rules
and one public member shall be appointed by the Speaker of the Assembly.
For each of the years, 1984 and 1985, two public members shall be appointed
by the Governor, subject to the confirmation of the Senate.
Each respective appointing authority shall fill any vacancy in and make any
reappointment to each respective office. (Added by Stats. 1975, ch. 874. Amended
by Stats. 1979, ch. 1041; Stats. 1984, ch. 16.)
§6013.6 (Added by Stats. 1983, ch. 646. Repealed January 1, 1990 by its
own terms.)
§6013.6 Employment by Public Agencies; Reduced Compensation; Job-Related
Benefits
- Except as provided in subdivision (b), any full-time employee of any public
agency who serves as a member of the Board of Governors of [the] State Bar
of California shall not suffer any loss of rights, promotions, salary increases,
retirement benefits, tenure, or other job-related benefits, which he or she
would otherwise have been entitled to receive.
- Notwithstanding the provisions of subdivision (a), any public agency which
employs a person who serves as a member of the Board of Governors of the State
Bar of California may reduce the employee's salary, but no other right or
job-related benefit, pro rata to the extent that the employee does not work
the number of hours required by statute or written regulation to be worked
by other employees of the same grade in any particular pay period and the
employee does not claim available leave time. The employee shall be afforded
the opportunity to perform job duties during other than regular working hours
if such a work arrangement is practical and would not be a burden to the public
agency.
- The Legislature finds that service as a member of the Board of Governors
of the State Bar of California by a person employed by a public agency is
in the public interest. (Added by Stats. 1990, ch. 473, effective August 8,
1990.)
§6014. Election of Members; Successive Terms
Five of the attorney members of the board are elected each year for terms of
three years each.
No person shall be nominated for, or eligible to, membership on the board who
has served as a member for three years next preceding the expiration of his
current term, or would have so served if his current term were completed.
Within the meaning of this section, the time intervening between any two successive
annual meetings is deemed to be one year. (Amended by Stats. 1975, ch. 874.)
§6015. Qualifications of Members
No person is eligible for attorney membership on the board unless he or she
is an active member of the State Bar and unless he or she maintains his or her
principal office for the practice of law within the State Bar district from
which he or she is elected. (Amended by Stats. 1975, ch. 874; Stats. 1985, ch.
465; Stats. 1989, ch. 1223.)
§6016. Tenure of Members; Vacancies; Interim Board
The term of office of each attorney member of the board shall commence at the
conclusion of the annual meeting next succeeding his or her election, and he
or she shall hold office until his or her successor is elected and qualified.
Vacancies in the board of governors shall be filled by the board by special
election or by appointment for the unexpired term.
The board of governors may provide by rule for an interim board to act in the
place and stead of the board when because of vacancies during terms of office
there is less than a quorum of the board. (Added by Stats. 1939, ch. 34. Amended
by Stats. 1968, ch. 545; Stats. 1975, ch. 874; Stats. 2002, ch. 415, effective
September 9, 2002.)
§6017. Terms of Members from Respective State Bar Districts
Members of the board shall be elected for terms of three years as follows:
- In 1939, one member each shall be elected from State Bar Districts 4, 6
and 8 and two members from State Bar District 7.
- In 1940, one member each shall be elected from State Bar Districts 1, 3,
5, 7 and 9.
- In 1941, one member each shall be elected from State Bar Districts 2, 3
and 4 and two members shall be elected from State Bar District 7.
Thereafter, five members of the board shall be elected each year, each for
three year terms, from the State Bar Districts in which vacancies will occur
in that year by reason of the expiration of the term of office of a member theretofore
elected thereto. (Origin: State Bar Act, §14.)
§6018. Nominations; Qualifications to Vote
Nominations of members of the board shall be by petition signed by at least
twenty persons entitled to vote for such nominees.
Only active members of the State Bar maintaining their principal offices for
the practice of the law in the respective State Bar districts shall be entitled
to vote for the member or members of the board therefrom. (Origin: State Bar
Act, §15.)
§6019. Elections
Each place upon the board for which a member is to be elected shall for the
purposes of the election be deemed a separate office.
If only one member seeks election to an office, the member is deemed elected.
If two or more members seek election to the same office, the election shall
be by ballot. The ballots shall be distributed to those entitled to vote at
least twenty days prior to the date of canvassing the ballots and shall be returned
to a site or sites designated by the State Bar, where they shall be canvassed
at least five days prior to the ensuing annual meeting. At the annual meeting,
the count shall be certified and the result officially declared.
In all other respects the elections shall be as the board may by rule direct.
(Origin: State Bar Act, §15. Added by Stats. 1939, ch. 34. Amended by Stats.
1981, ch. 836; Stats. 2002, ch. 415, effective September 9, 2002.)
§6020. Officers in General
The officers of the State Bar are a president, four vice presidents, a secretary
and a treasurer. One of the vice presidents may also be elected to the office
of treasurer. (Origin: State Bar Act, §10. Amended by Stats. 1957, ch.
551.)
§6021. Election; Time; Assumption of Duties
Within the period of 270 days next preceding the annual meeting, the board,
at a meeting called for that purpose, shall elect the president, vice presidents
and treasurer for the ensuing year. The president shall be elected from among
those members of the board whose terms on the board expire that year, or if
no such member is able and willing to serve, then from among the board members
who have completed at least one or more years of their terms.
The other officers shall be elected from among the board members who have at
least one or more years to complete their respective terms.
The newly elected president, vice presidents and treasurer shall assume the
duties of their respective offices at the conclusion of the annual meeting following
their election. (Origin: State Bar Act, §11. Added by Stats. 1939, ch.
34. Amended by Stats. 1943, ch. 278; Stats. 1957, ch. 551; Stats. 1970, ch.
510; Stats. 1973, ch. 17; Stats. 1985, ch. 465; Stats. 2002, ch. 415, effective
September 9, 2002.)
§6022. Secretary
The secretary shall be selected annually by the board and need not be a member
of the State Bar. (Origin: State Bar Act, §18. Amended by Stats. 1970,
ch. 510.)
§6023. Continuance in Office
The officers of the State Bar shall continue in office until their successors
are elected and qualify. (Origin: State Bar Act, §19.)
§6024. Duties of Officers
The president shall preside at all meetings of the State Bar and of the board,
and in the event of his or her absence or inability to act, one of the vice-presidents
shall preside.
Other duties of the president and the vice-presidents, and the duties of the
secretary and the treasurer, shall be such as the board may prescribe. The president
may vote only in the case of a tie vote of the other members of the board present
and voting. (Origin: State Bar Act, §17. Amended by Stats. 1985, ch. 465.)
§6025. Rules and Regulations; Meetings and Quorum
Subject to the laws of this State, the board may formulate and declare rules
and regulations necessary or expedient for the carrying out of this chapter.
The board shall by rule fix the time and place of the annual meeting of the
State Bar, the manner of calling special meetings thereof and determine what
number shall constitute a quorum of the State Bar. (Origin: State Bar Act, §27.)
§6026. Reports; Matters Considered at Annual Meeting
At the annual meeting, reports of the proceedings by the board since the last
annual meeting, reports of other officers and committees and recommendations
of the board shall be received.
Matters of interest pertaining to the State Bar and the administration of justice
may be considered and acted upon. (Origin: State Bar Act, §40.)
§6026.5 Open/Closed Meetings of the Board
Every meeting of the board shall be open to the public except those meetings,
or portions thereof, relating to:
- Consultation with counsel concerning pending or prospective litigation.
- Involuntary enrollment of active members as inactive members due to mental
infirmity or illness or addiction to intoxicants or drugs.
- The qualifications of judicial appointees, nominees, or candidates.
- The appointment, employment or dismissal of an employee, consultant, or
officer of the State Bar or to hear complaints or charges brought against
such employee, consultant, or officer unless such person requests a public
hearing.
- Disciplinary investigations and proceedings, including resignations with
disciplinary investigations or proceedings pending, and reinstatement proceedings.
- Appeals to the board from decisions of the Board of Legal Specialization
refusing to certify or recertify an applicant or suspending or revoking a
specialist's certificate.
- Appointments to or removals from committees, boards, or other entities.
- Joint meetings with agencies provided in Article VI of the California Constitution.
(Added by Stats. 1975, ch. 874.)
§6027. Special Meetings
Special meetings of the State Bar may be held at such times and places as the
board provides. (Origin: State Bar Act, §41.)
§6028. Payment of Expenses; Compensation
- The board may make appropriations and disbursements from the funds of the
State Bar to pay all necessary expenses for effectuating the purposes of this
chapter.
- Except as provided in subdivision (c), no member of the board shall receive
any other compensation than his or her necessary expenses connected with the
performance of his or her duties as a member of the board.
- Public members of the board appointed pursuant to the provisions of Section
6013.5, and public members of the examining committee appointed pursuant to Section
6046.5 shall receive, out of funds appropriated by the board for this purpose,
fifty dollars ($50) per day for each day actually spent in the discharge of
official duties, but in no event shall this payment exceed five hundred dollars
($500) per month. In addition, these public members shall receive, out of
funds appropriated by the board, necessary expenses connected with the performance
of their duties. (Origin: State Bar Act, §28. Amended by Stats. 1977,
ch. 304, effective July 8, 1977; Stats. 1982, ch. 327, effective June 30,
1982; Stats. 1985, ch. 453; Stats. 2004, ch. 529.)
§6029. Appointment of Committees, Officers and Employees; Salaries and
Expenses
The board may appoint such committees, officers and employees as it deems necessary
or proper, and fix and pay salaries and necessary expenses. (Origin: State Bar
Act, §22.)
§6030. Executive Functions; Enforcement of Chapter; Injunction
The board shall be charged with the executive function of the State Bar and
the enforcement of the provisions of this chapter. The violation or threatened
violation of any provision of Articles 7 (commencing with section 6125) and
9 (commencing with section 6150) of this chapter may be enjoined in a civil
action brought in the superior court by the State Bar and no undertaking shall
be required of the State Bar. (Origin: State Bar Act, §21. Amended by Stats.
1961, ch. 2033.)
§6031. Functions in Aid of Jurisprudence, Justice; Evaluation of Justices
- The board may aid in all matters pertaining to the advancement of the science
of jurisprudence or to the improvement of the administration of justice, including,
but not by way of limitation, all matters that may advance the professional
interests of the members of the State Bar and such matters as concern the
relations of the bar with the public.
- Notwithstanding this section or any other provision of law, the board shall
not conduct or participate in, or authorize any committee, agency, employee,
or commission of the State Bar to conduct or participate in any evaluation,
review, or report on the qualifications, integrity, diligence, or judicial
ability of any specific justice of a court provided for in Section 2 or 3
of Article VI of the California Constitution without prior review and statutory
authorization by the Legislature.
The provisions of this subdivision shall not be construed to prohibit a member
of the State Bar from conducting or participating in such an evaluation, review,
or report in his or her individual capacity.
The provisions of this subdivision shall not be construed to prohibit an evaluation
of potential judicial appointees or nominees as authorized by Section 12011.5
of the Government Code. (Origin: State Bar Act, §23. Amended by Stats.
1945, ch. 177; Stats. 1984, ch. 16.)
§6031.5 Conference of Delegates, State Bar Sections Restriction on Funding,
Voluntary Fees
- State Bar sections, as established under and pursuant to Article 13 of the
Rules and Regulations of the State Bar, and their activities shall not be
funded, with mandatory fees collected pursuant to subdivision
(a) of Section 6140.
The State Bar may provide an individual section, or two or more sections collectively,
with administrative and support services, provided the State Bar shall be
reimbursed for the full cost of those services out of funds collected pursuant
to subdivision (b), funds raised by or through the activities of the sections,
or other funds collected from voluntary sources. The financial audit specified
in Section 6145 shall confirm that the amount assessed by the State Bar for
providing the services reimburses the costs of providing them, and shall verify
that mandatory dues are not used to fund the sections.
- Notwithstanding the other provisions of this section, the State Bar is expressly
authorized to collect voluntary fees to fund the State Bar sections on behalf of those organizations in conjunction with
the State Bar's collection of its annual membership dues. Funds collected
pursuant to this subdivision, and other funds raised by or through the activities
of the sections, or collected from voluntary sources,
for their support or operation, shall not be subject to the expenditure limitations
of subdivision (b) of Section 6140.05.
- Notwithstanding any other provision of law, the State Bar is expressly authorized to collect, in conjunction
with the State Bar's collection of its annual membership dues, voluntary fees
or donations on behalf of the Conference of Delegates of California Bar Associations, the independent nonprofit successor entity to the former Conference of Delegates of the State Bar which has been incorporated for the purposes of aiding in matters pertaining
to the advancement of the science of jurisprudence or to the improvement of the administration of justice, and to convey any unexpended
voluntary fees or donations previously made to the Conference of Delegates of the State Bar pursuant to this section to the Conference of Delegates of California Bar Associations. The Conference of Delegates of California Bar Associations shall
pay for the cost of the collection. The State Bar and the Conference of Delegates of California Bar Associations
may also contract for other services. The financial audit specified in Section
6145 shall confirm that the amount of any contract shall fully cover the costs
of providing the services, and shall verify that mandatory dues are not used
to fund any successor entity.
- The Conference of Delegates of California Bar Associations, which is the independent nonprofit successor entity to the former Conference of Delegates of the State Bar
as referenced in subdivision (c), is a voluntary association, is not a part of the State Bar of California, and shall not be funded in any way through
mandatory dues collected by the State Bar of California. Any contribution
or membership option included with a State Bar of California mandatory dues
billing statement shall include a statement that the Conference of Delegates of California Bar Associations is not a part of the State Bar of California and that
membership in that organization is voluntary. (Added by Stats. 1999, ch. 342.
Amended by Stats. 2002, ch. 415, effective September 9, 2002; Stats. 2003, ch. 334.)
§6032. (Added by Stats. 1987, ch. 688. Repealed by Stats. 2001, ch. 24.)
§6032. California Supreme Court Historical Society; funding; fees
Notwithstanding any other provision of law, the State Bar is expressly authorized
to collect, in conjunction with the State Bar' s collection of its annual membership
dues, voluntary fees on behalf of and for the purpose of funding the California
Supreme Court Historical Society, which advances the science of jurisprudence
by preserving and disseminating to the general public the history of the Supreme
Court and the Judicial Branch. (Added by Stats. 2002, ch.415, effective September
9, 2002.)
§6033. Nonprofit Organizations Providing Free Legal Services - Collection of Voluntary Financial Support: Task Force Study
- Notwithstanding any other provision of law, the State
Bar is expressly authorized to facilitate the professional
responsibilities of members by collecting, in conjunction with the State Bar's
collection of its annual membership dues or otherwise, voluntary financial support
for nonprofit organizations that provide free legal services to persons of limited means.
- To implement this section, the State Bar, in consultation with the Chief Justice of California, shall appoint a task force of key
stakeholders to analyze the mechanisms and experience of bar associations that have adopted programs for the collection of financial
contributions from bar members and shall propose an appropriate method for facilitating the collection and distribution of voluntary
contributions that is best calculated to generate the greatest level of financial support and participation from State Bar members,
taking into account such issues as the justice-gap between the legal needs of low-income people in California and the legal resources
available to assist them. The method and any recommended voluntary contribution amount adopted by the Board of Governors of the State
Bar of California shall be implemented for the 2008 fiscal year, and shall be reviewed and adjusted as needed after two years and, thereafter,
every five years as needed, in consultation with affected service providers and other key stakeholders. (Added by Stats.2006, ch.165.)
§6034. (Added by Stats. 1993, ch. 863. Repealed by Stats. 2001, ch. 96.)
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