Proposed Amendments to State Bar Rules Regarding the Procedure for Voluntary Resignations (Amended State Bar Rule 2.45)

The State Bar seeks public comment on proposed amendments to State Bar rules regarding the procedures for voluntary resignations (resignations without disciplinary charges pending).

Deadline: July 3, 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.

Background

Prior to 2009, the State Bar processed voluntary resignations of licensees when there were no disciplinary charges pending against the license. Despite statutory duties to report felony charges and certain criminal convictions pursuant to Business and Professions Code section 6068, subdivisions (o)(4) and (o)(5), between June 2007 and early 2009, at least five attorneys submitted voluntary resignations without charges pending to the State Bar without informing the State Bar that they had either been charged with or convicted of felonies. Because these criminal matters were not disclosed, the State Bar’s then-titled Office of Member Services processed their respective resignations.

After the Office of Chief Trial Counsel and the Office of General Counsel learned of the criminal convictions of these licensees, in each instance, a request was filed with the California Supreme Court asking to vacate the resignations. In response, the Supreme Court asked the State Bar to change the procedures for voluntary resignations. The voluntary resignation rule was adopted in 2009 and later renumbered as State Bar rule 2.45. The rule, as proposed in July 2008 in response to concern from the Supreme Court about the voluntary resignation process, also requires that voluntary resignations be accepted by the Supreme Court.

Discussion/proposal

The current voluntary resignation process requires several administrative steps for both the Division of Regulation and the State Bar Court (SBC) before a resignation packet is transmitted to the Supreme Court. The changes proposed by this item will increase State Bar operational efficiencies by eliminating several administrative steps prior to transmitting a voluntary resignation to the Supreme Court.

For example, if the Supreme Court approves redelegating to the State Bar the processing and acceptance of voluntary resignations, the following administrative steps could be eliminated:

  • Prepare cover letters and resignation certificates and transmit the packets to SBC;
  • Verify licensee information, the accuracy of the information on the packet, and create a “W” case in Odyssey (SBC’s case management system);
  • Upload resignation packets to Odyssey and annotate it with a “Filed” stamp;
  • Prepare individual proposed Supreme Court orders and transmittal forms for each resignation case;
  • Prepare, assemble, and upload individual transmittal packets to Odyssey, and annotate the transmittal packet with a “Filed” stamp, and add necessary data entry;
  • Create an individual Certificate of Service and serve transmittal packets on licensees;
  • Enter a “51” (transmittal of record) supplemental records code in the State Bar’s internal licensee management system for each licensee;
  • Upload each resignation case to the Supreme Court’s portal;
  • Notify the Supreme Court via email about the transmittal and include a list of cases and attach the associated documents that have been individually uploaded;
  • Transmit, upon receipt from the Supreme Court, copies of Supreme Court orders back to the Division of Regulation; and
  • Upload the Supreme Court orders to Odyssey and perform necessary data entry.

While the Supreme Court does not normally review or approve amendments to rules in division 3 of title 2 of the State Bar Rules, in light of the history of this rule, following public comment, if approved by the Board, staff will recommend the proposed rule not be effective until the Supreme Court approves the change is process.

Any fiscal/personnel impact

Savings of staff time.

Background materials
Source

Board of Trustees

Deadline

July 3, 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.

For further questions, please email communications@calbar.ca.gov.