Proposed Amended Rules of Professional Conduct 8.2 and 8.4
The State Bar seeks public input on Proposed Amended Rules of Professional Conduct 8.2 and 8.4.
Deadline: June 9, 2026, 11:59 p.m. (45 days)
Direct comments to
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Background
The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with addressing matters involving legal ethics to help California lawyers understand their ethical duties. The committee’s work includes studying and recommending changes to the Rules of Professional Conduct. (See State Bar Board Book, Section 4.12 & Appen. B.)
On November 26, 2024, the California Judges Association submitted a request to the Committee on Professional Responsibility and Conduct (COPRAC) that the State Bar of California make modifications to the Rules of Professional Conduct in response to increased public criticism resulting in threats and violence against judges due to their rulings. This endangers judicial independence and public trust in the legal system.
COPRAC prepared amendments to the Rules of Professional Conduct that were approved by the Board of Trustees at their November 2025 meeting. The proposed changes to rules 8.2 and 8.4 were submitted to the Supreme Court of California. On April 23, 2026, the Court issued Administrative Order 2026-04-22-02, denying the proposed changes to rules 8.2 and 8.4. The Court, on its own motion, proposed amendments to 8.2 and 8.4 and directed the State Bar to solicit public comment on the Court’s proposed amendments to 8.2 and 8.4.
Discussion/proposal
Amendments to rule 8.2 would:
Clarify through a new Comment [1] that a lawyer who makes false and reckless statements against a judge or judicial officer, within the meaning of paragraph (a), undermines public confidence in the judiciary and a lawyer who makes such statements may be disciplined.
Add a new Comment [2] clarifying that judges and judicial officers are generally restricted by law and ethical rules from publicly defending their rulings.
Clarify through a new Comment [3] that this rule does not prohibit activities that are protected by the First Amendment of the United States Constitution or the California Constitution.
Add a new Comment [4] defining “judge” and “judicial officer.”
Amendments to rule 8.4 would:
Clarify that certain types of unprotected activities, including speech, may be the basis for discipline under rule 8.4.
Clarify that unprotected activities, such as true threats of violence or incitements of unlawful imminent action directed against a party, judge, or judicial officer, may constitute conduct prejudicial to the administration of justice under paragraph (d).
Relocate who is a “judge” or “judicial officer” for purposes of the rule from paragraph (f) to new Comment [7].
State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC)
Deadline
June 9, 2026, 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 and can also be used to upload your comment letter and/or other attachments.
