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

SUBJECT:

Proposed amendment to Rules of Procedure of the State Bar of California, rule 5.41, Authorizing “Notice Pleading” in Notice of Disciplinary Charges

BACKGROUND:

The proposed amendment to rule 5.41, Rules of Procedure of the State Bar of California, clarifies that notice pleading shall suffice in the Notice of Disciplinary Charges.

DISCUSSION/PROPOSAL:

Rule 5.41 governs the contents and manner in which misconduct must be alleged in the Notice of Disciplinary Charges, which is the formal charging document in State Bar disciplinary proceedings. Subsections (B)(1-3) of rule 5.41 reflect the minimum requirements expected in a Notice of Disciplinary Charges and are not inconsistent with notice pleading. The proposed amendment to rule 5.41 clarifies that the Notice of Disciplinary Charges need not contain technical averments or any allegations of matters not essential to be proved and that the statement of facts shall be written in concise and ordinary language.

ANY KNOWN FISCAL/PERSONNEL IMPACT:

None

ATTACHMENT:

Proposed Amendment to Rule of Procedure 5.41
Agenda Item Authorizing Release For Public Comment

SOURCE:

Office of The Chief Trial Counsel

DEADLINE:

April 26, 2013

DIRECT COMMENTS TO

James (Jim) P. Fox
Office of the Chief Trial Counsel
State Bar of California
180 Howard St., 7th Floor
San Francisco, CA  94105-1639
Phone: 415-538-2044
Fax: 415-538-2214
Email: James.Fox@calbar.ca.gov