Amendment to Rule of Procedure 2201 (Appointment and Authority)

The State Bar seeks public comment on a proposal to amend Rule of Procedure, rule 2201, which governs matters when the Office of Chief Trial Counsel (OCTC) is recused.

Deadline: September 10, 2021

Direct comments to

Comments should be submitted using the online Public Comment Form. [Link removed; this comment process is archived.] 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

Pursuant to rule 2201, when OCTC is recused, the inquiry or complaint is referred to the Special Deputy Trial Counsel (SDTC) administrator. The administrator conducts a preliminary review to determine whether to close the matter or to appoint an SDTC to investigate the matter further. The current rule provides that both the administrator and each SDTC act in the place of the Chief Trial Counsel (CTC) with regard to an inquiry, complaint, or other matter and any resulting investigation or prosecution.

Discussion/proposal

The following amendments are proposed for public comment by this item:

  • Relocate current subparagraph (e)(1) to new subparagraph (c)(2) in order to vest the CTC’s powers and duties in the SDTC administrator only. The purpose of this amendment is to authorize more supervision in the SDTC administrator and to ensure a greater level of consistency in decision-making, settlement, and prosecutions.
  • Add new subparagraph (e)(1) to clarify that SDTCs and the administrator are subject to the oversight of the Regulation and Discipline (RAD) Committee.
  • Revise current subparagraph (e)(3) to clarify that the compensation rate for the SDTCs and the SDTC administrator are established by the RAD.
  • Remove provisions in paragraph (f) that permit the State Bar’s Office of General Counsel to be designated to remove the SDTCs or the SDTC administrator. Under the proposed amended rule, only the chair of RAD will have the authority to remove SDTCs or the SDTC administrator.
  • To conform to current practice: revise current paragraph (g) to require that the administrator provide a full report to RAD at each of its regularly scheduled meetings; revise current paragraph (f) to substitute the term “track” for “monitor;” revise current subparagraph (e)(3) to provide for reimbursement of “approved” reasonable expenses.
Any fiscal/personnel impact

None

Background material
Source

Regulation and Discipline Committee

Deadline

September 10, 2021

Direct comments to

Comments should be submitted using the online Public Comment Form. [Link removed; this comment process is archived.] The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.