The State Bar seeks public comment on Proposed New and Amended State Bar Rules of Procedure to (1) Amend State Bar Rule of Procedure, Rule 5.137; (2) Implement State Bar Rule of Procedure, Rule 5.137 and (3) Clarify when Court Orders May Require Reimbursement to the Client Security Fund: Request to Circulate for Public Comment. Two proposed new State Bar Rules of Procedure and 23 amended State Bar Rules of Procedure.
Deadline: September 11, 2020
Comments should be submitted using the online Public Comment Form. [Link removed; this comment process is archived.] The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
At its November 14, 2019 meeting, the Board of Trustees approved a resolution authorizing staff to submit to the California Supreme Court for approval proposed Rule 5.137, which provides guidelines for the recommendation and imposition of monetary sanctions in attorney disciplinary proceedings and for collected monetary sanctions to be deposited into the CSF. The rule was approved by the California Supreme Court on March 23, 2020, with an effective date of April 1, 2020.
A number of new and amended rules are necessary to implement the requirements set forth in rule 5.137. While reviewing the rules, staff also determined that Rule 5.137 itself needed clarification and that amendments to Rule 5.136 were necessary to correct certain legal inaccuracies.
Proposed Amendments to Rule 5.137
Staff proposes certain clarifying amendments to Rule 5.137. Information regarding the State Bar’s proposed amendments to Rule 5.137 and the full language of the proposed amended rule can be found in Agenda Item and Attachment A, available here.
Proposed New and Amended Rules Necessary to Implement Rule 5.137
Staff proposes a number of new and amended rules to implement the imposition of monetary sanctions pursuant to Rule 5.137. Information regarding these proposals and the full language of the new and amended rules in numerical order can be found in the Agenda Item and Attachment A, available here.
Proposed Amendments to Rule 5.136
Amendments to Rule 5.136 are necessary to avoid conflict with CSF authority and the CSF rules. Information regarding the State Bar’s proposed amendments and the full language of proposed, amended Rule 5.136 can be found in the Agenda Item and Attachment A, available here.
If adopted, these rules will allow the State Bar to effectively implement Rule 5.137 and begin recommending monetary sanctions, which should result in increased funding to the CSF. (Bus. & Prof. Code, § 6086.13 (b) [“Monetary sanctions. . shall be deposited into the Client Security Fund”].)
Adoption of these rules could also necessitate additional resources in the Office of Chief Trial Counsel to handle requests by attorneys for reduction, waiver, or extension of time for payment of monetary sanctions.
Regulation and Discipline Committee
September 11, 2020