How many JNE Commission members are assigned to investigate a candidate?
For Trial Court: Two or more commissioners, at least one of whom is an attorney member; for Supreme and Appellate Courts: Three or more commissioners, at least one of whom is a public member.
What does the JNE Commission do to gather information about a proposed candidate?
The commission investigates all statements made in the candidate's Application for Appointment that the candidate submits to the Governor's office. In addition, confidential comment forms are sent to the following:
a. 50 to 75 names of persons provided by the candidate, who are reasonably likely to have knowledge of the candidate's qualifications (personal list);
b. a broad cross-section of the names of attorneys in the counties and the areas of law in which the candidate practices;
c. all judicial officers in each county where a candidate practices and seeks appointment, except for the County of Los Angeles;
d. at least 50 percent of all judicial officers if the candidate practices in the County of Los Angeles, and all judicial officers in any other county where the candidate seeks appointment;
e. all names listed in the candidate's Application for Appointment;
f. all justices of any appellate district where a candidate practices and all justices of the California Supreme Court;
g. all or at least 50 randomly selected prosecutors and criminal defenders, whichever number is less, in any county where a candidate practices criminal law and any other county where the candidate seeks appointment.
h. 75 names selected at random from the commission's mailing list.
The objective is to obtain a return of at least 50 Confidential Comment Forms that provide information that is sufficient and credible for a fair evaluation.
Is the candidate given an opportunity to refute and/or respond to any negative comments received by the investigating commissioners?
Yes. The investigating commissioners are required by the rules to notify the candidate at least four business days prior to the interview of any criticisms they have preliminarily found to be substantial and credible.
The candidate is given an opportunity to respond to, and present evidence to rebut, all reported criticisms at the interview.
Does the JNE Commission interview the candidates in person?
The assigned investigating commissioners personally interview the candidate; the commission as a whole does not.
We are dissolving our LLP, how do we terminate our Certificate of Registration with the State Bar?
In order to voluntarily terminate the LLP's Certificate of Registration with the State Bar, you must submit an original certified copy of the Secretary of State's LLP-4 form (including the blue and white cover sheet with red date stamp), showing that the entity ceases to exist as a limited liability partnership. Pursuant to 9.0 of the State Bar's LLP Rules and Regulations, the termination shall be effective as of the date the LLP is dissolved by the Secretary of State.
Is it permissible if one of the LLP's partners is also a shareholder in a law corporation and/or already a partner in another LLP?
That is fine, as long as the law practice relationship between the entities is acknowledged on the application.
What is the Limited Liability Partnership program?
The State Bar certifies professional law partnerships to allow attorneys to limit their vicarious liability for the acts tortious or otherwise, of their partners and employees.
After I have incorporated, how much time do I have to register with the State Bar of California?
You must register with us before you start practicing law as a law corporation in the state of California.
Is the guarantee the same as malpractice insurance?
Not necessarily. The standard law corporation guarantee ensures payment by the corporation of all claims established against it by its clients for errors or omissions arising out of the practice of law by the corporation of a certain dollar amount which is proportionate to the number of persons practicing law on behalf of the corporation. It is not required that the law corporation send us proof of malpractice insurance.
What are the requirements to register as a law corporation with the State Bar?
A Certificate of Registration as a Law Corporation will be issued if the applicant is a professional corporation certified by the Secretary of State and each shareholder is an active member of the State Bar or licensed to practice in the jurisdiction or jurisdictions in which the person practices. For a complete list of requirements, read the Law Corporation Rules of the State Bar of California.