Proposed amendments regarding suspension for failure to pay court-ordered child or family support (California Rule of Court 9.22 and State Bar rule 2.34)

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 amendments regarding suspension for failure to pay court-ordered child or family support (California Rule of Court 9.22 and State Bar rule 2.34)

BACKGROUND:

California Rule of Court 9.22 governs suspension of a member who fails to comply with court-ordered child or family support. State Bar rule 2.34 is the companion implementation rule.

California Rule of Court 9.22, subdivision (a) authorizes the State Bar to make an annual recommendation for suspension of members who are delinquent in court-ordered support payments under Family Code section 17520. Section 17520 provides for suspending the license of a person who fails to pay court-order child or family support, and denying a new license to such a person. Section 17520 contains notice and timeline requirements; conditions of reinstatement and re-suspension; and a process by which the person may challenge being named delinquent in paying support.

DISCUSSION/PROPOSAL:

A recommendation regarding amendments to Rule of Court 9.22 and to State Bar Rules, with a goal of making the suspension and reinstatement of members more effective and efficient, was approved by the Board in 2012. After receiving feedback from the Supreme Court, the agenda item linked below describes specific changes to that recommendation.

ANY KNOWN FISCAL/PERSONNEL IMPACT:
None - any impact will be absorbed by existing resources.

ATTACHMENT:

Regulation, Admissions and Discipline Oversight Committee – May 9, 2013 Agenda Item
Attachment 1 – Proposed Changes to Rule of Court 9.22
Attachment 2 – Proposed Changes to State Bar Rules

SOURCE:
Regulation, Admissions and Discipline Oversight Committee

DEADLINE:
June 17, 2013

DIRECT COMMENTS TO:
Dina DiLoreto
Member Records & Compliance
The State Bar of California
180 Howard St.
San Francisco, CA 94105
Ph. (415) 538-2121
Fax (415) 538-2576 Fax
E-mail: dina.diloreto@calbar.ca.gov