Proposed Amendment to Rule of Procedure 5.351 Regarding Misconduct in Another Jurisdiction
The State Bar seeks public comment regarding an amendment to Rule 5.351 of the Rules of Procedure of the State Bar regarding the requirements of the Notice of Disciplinary charges in regards to professional misconduct in another jurisdiction.
Deadline: 5 p.m., July 30, 2018
Background
Currently Rule 5.351 provides that an NDC must cite the statutes, rules or court orders that the member has allegedly violated or warrant the proposed action and “contain facts in concise and ordinary language, comprising the violations in sufficient detail to permit the preparation of a defense” and “relate the stated facts to the statutes, rules, or Court orders that the member allegedly violated or that warrant the proposed action.” The State Bar is only required to include in the NDC information regarding what specific California statutes or rules are allegedly violated by the misconduct.It does not require the State Bar to identify which specific findings by the foreign court support the violation of each rule. This lack of specificity often deprives the court and the respondent of clear notice of what facts support the charges.
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 amend Rule 5.351 to require that the State Bar identify in the NDC which specific findings by the foreign court support the alleged violation of each rule.
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.
