Proposed Changes to California Rules of Procedure Regarding Default Procedure
The State Bar seeks public comment regarding a proposed change to Rules 5.80 and 5.85 of the Rules of Procedure of the State Bar regarding default procedures.
Deadline: 5 p.m., July 30, 2018
Background
The current Rules of Procedures that deal with the process for (1) entry of default against a respondent who fails to respond to a Notice of Disciplinary Charges (NDC), and (2) for bringing a petition for disbarment based upon the default, do not provide a time deadline for the State Bar to bring the actions. This proposal would amend Rules 5.80 (Entry of Default) and 5.85 (Petition for Disbarment) to require that the motion for entry of default and the petition for disbarment be filed within 15 days after the State Bar becomes entitled to do so.
In addition, Rule 5.80(a)(4) is proposed to be amended to require that the motion for entry of default must include as part of its proof of service a copy of the certified mail tracking records to show when the NDC was sent and whether it was delivered.
Discussion
On May 17, 2018, the Regulation and Discipline Committee of the Board of Trustees authorized a 60-day public comment period for a proposed amendment to Rules of Procedure of the State Bar.
Proposal
This proposal, if adopted, would Change both Rule 5.80 and 5.85 to require that the State Bar bring their actions within 15 days of the date they are eligible to do so, and to require that as part of the petition for default, the State Bar must attach a copy of the postal tracking record to prove that the respondent was timely served.
Following the public comment period, the proposed rules and any comments received will be reviewed by the Board of Trustees during its September 13-14, 2018 meeting.
Any known fiscal/personnel impact
No negative fiscal or personnel impact is anticipated.
Antonia G. Darling
The State Bar Court
180 Howard St.
San Francisco, CA 94105 Phone: 415-538-2233
Email: sbcrulescomment@calbar.ca.gov
Please reference the specific rule number and title in your comments.
