PLEASE NOTE: Publication for public comment is not, and shall not be construed as, a recommendation or approval by the Board of Trustees of the materials published.

SUBJECT:

Proposed Changes to Special Master Rules Regarding Eligibility Requirements: Rules of the State Bar, Title 7, Division 2, Rule 7.101

BACKGROUND:

Pursuant to Penal Code section 1524, the State Bar of California is responsible for maintaining a list of attorneys qualified to serve as a "special master" to accompany peace officers in conducting searches for documentary evidence under the control of attorneys, physicians, psychotherapists and clergy members.

DISCUSSION/PROPOSAL:

At its July 2014, meeting, the Member Oversight Committee authorized a 45-day public comment period for a proposed amendment to the Rules of the State Bar, Title 7, Division 2, Rule 7.101, pertaining to special master eligibility requirements. The current rule requires that to be qualified to serve as a special master, an attorney must not have been disciplined during the preceding five years. The proposal suggests increasing this time period to the preceding “10” years.

The agenda item and attachments linked below describe the proposed changes in detail.

ANY KNOWN FISCAL/PERSONNEL IMPACT:

None

ATTACHMENTS:

Board Committee on Member Oversight – July 17, 2014:

Agenda Item - Proposed Change to Special Master Rules Regarding Eligibility Requirements
Attachment A - Proposed revised State Bar Special Master Rule 7.101

SOURCE:

Board Committee on Member Oversight

DEADLINE:

Oct. 27, 2014

DIRECT COMMENTS TO:

Dina DiLoreto
Member Records & Compliance
The State Bar of California
180 Howard St.
San Francisco, CA 94105
Email: dina.diloreto@calbar.ca.gov