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Governor Brown Signs State Bar Fee Bill that Continues Momentum for Key Reforms

Today Gov. Jerry Brown signed AB 3249 into law, the fee bill for the State Bar of California. In addition to setting the annual licensing fee for attorneys, the bill continues historic reforms for the public protection agency.

The bill expands the State Bar’s statutory mission to specify that public protection includes supporting greater access to and inclusion in the legal profession. This follows the new State Bar mission statement adopted in 2017 by the Board of Trustees.

The State Bar has undertaken a series of reforms in the past several years that are designed to increase effectiveness, transparency, accountability, and good governance.

Meanwhile, the annual attorney licensing fee has remained flat for nearly two decades, with no increase since 2000. Without a licensing fee increase, the State Bar’s ability to continue on the path of reform will be jeopardized.

A number of changes sought by the State Bar are included in the bill, including:

• Increasing the ability of the State Bar Court to order an attorney to involuntary inactive status if the attorney has caused or is causing substantial harm to their clients or the public.
• Requiring disbarment of an attorney in the event of a final felony conviction for a crime where the facts and circumstances of the offense involve moral turpitude.
• Enhancing collection tools to increase funding for the Client Security Fund, the State Bar’s restitution fund for clients harmed by their attorneys.
• Replacing the statutory language of State Bar “member” and “membership” with “licensee” and “license,” to reinforce the State Bar’s function as a regulatory agency.
• Requiring the State Bar Court to order attorneys sentenced for 90 days or more for criminal convictions to be transferred to an involuntary inactive status.

The bill also directs the State Bar to implement a plan to increase diversity in the legal profession, and provide biannual reports to the Legislature on this topic.

"This fee bill continues the reform momentum to ensure the State Bar is a transparent, accountable, and effective public agency," said Leah Wilson, Executive Director of the State Bar of California. "The bill also supports new efforts to expand the State Bar’s work to increase diversity and inclusion in the legal profession. Californians needing legal services are better served when the legal profession reflects the diversity of our state.”

The bill maintains the basic annual licensing fee at $315 for attorneys with an active status. Combined with additional fees, including fees to support access to justice initiatives, the total 2019 fee will be $430 for attorneys with an active status and $155 for attorneys with an inactive status. Fee statements will be distributed to attorneys on December 1, 2018 and due on February 1, 2019.