The proposed amendments will add authority for the Office of Chief Trial Counsel, in addition to probation, to bring motions to terminate probation early, modify conditions of probation and revoke probation.
Deadline: July 17, 2025, 11:59 p.m. (45 days)
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.
The Office of Case Management & Supervision (OCMS) is the office that monitors compliance with Court-ordered conditions of supervision. The Rules of Procedure currently contemplate that only OCMS, on behalf of the State Bar, will bring or respond to a motion to terminate probation early or modify conditions of probation.
The proposed amendments will give authority to the Office of Chief Trial Counsel (OCTC) to also make these motions.
These changes will give discipline system stakeholders more flexibility in determining who will address violations of supervision conditions.
Proposed Amendments to Rule 5.300(A) (Timing of Motion)The proposed amendments will add authority for OCTC, in addition to OCMS and the respondent attorney, authority to make a motion to terminate probation early, if at least six months has passed since the effective date of probation.
Proposed Amendments to Rule 5.300(G) (Service)Adds OCTC as a party who must be served with motions for modification or early termination of probation.
Proposed Amendments to Rule 5.310 (Probation Revocation Proceedings)The proposed amendments will allow OCTC, in addition to OCMS, to charge a probation violation through a probation revocation proceeding. OCTC will retain the sole authority to charge a probation violation through an original discipline proceeding.
Proposed Amendments to Rule 5.314(F)-(H) (Declarations in Support of Motion, Response, No Hearing)The proposed changes will change the existing language referencing counsel for the “Office of Probation” to counsel for the “State Bar.” The more general language will provide greater flexibility in the event a probation revocation proceeding is initiated by OCTC.
The State Bar anticipates staffing changes that will require greater flexibility in these rules so that if OCMS is staffed by a non-attorney in the future, OCTC will have the authority to bring these motions when appropriate.
Board of Trustees, sitting as the Regulation and Discipline Committee
July 17, 2025, 11:59 p.m.