Proposed New Rule 2.3 of the State Bar Rules Regarding the Civility Oath

Proposed New Rule 2.3 of the State Bar Rules Regarding the Civility Oath

The State Bar seeks public comment on proposed new rule 2.3 of the State Bar Rules regarding the civility oath.

Deadline: December 26, 2025, 11:59 p.m. (30 days)

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.

Background

In July 2023, after reviewing public comments, the Board adopted proposed amendments to rule 9.7 and directed staff to submit them to the California Supreme Court for approval. As part of the same agenda item, the Board adopted a prior version of proposed new rule 2.3 of the State Bar Rules, contingent to the Court’s approval of the rule 9.7 amendments without material changes. On September 25, 2025, the Supreme Court approved amendments to rule 9.7 with several material modifications, which prevents the 2023 version of rule 2.3 from becoming operative. This item therefore proposes a new version of rule 2.3.

Discussion/proposal

Proposed new rule 2.3 incorporates several revisions to align with the Supreme Court’s modifications to rule 9.7 and to make the involuntary inactive enrollment process consistent with other reporting requirements.

Key changes include:

  • Eliminating the distinction between a one-time civility declaration and annual reaffirmation to align with rule 9.7.
  • Revising the definition of “Noncompliance” to match other reporting requirements, including failure to pay assessed fees.
  • Adding a definition of “Oath” to avoid repeated references to rule 9.7.
  • Adding the oath deadline to align renewal cycle deadlines for licensees and Special Admissions Attorneys with other reporting obligations.
  • Updating the Return to Active Status section to remove references to a one-time civility declaration, consistent with the Supreme Court’s revisions to rule 9.7.
  • Combining requirements for licensees and Special Admissions Attorneys, consistent with rule 9.7, into section (D) of proposed rule 2.3.
  • Removing the 60-day noncompliance notice requirement to align with noncompliance procedures used for other reporting requirements such as CTAPP, MCLE, and attorney record verification.
  • Capitalizing defined terms.
  • Clarifying that payment of assessed fees is required for reinstatement.
Any fiscal/personnel impact

Additional staff time will be required to provide notices of this requirement, to assess fees and transfer statuses for noncompliance and reinstatement, and for licensee support.

Background material
Source

Board of Trustees

Deadline

December 26, 2025, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.