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 to the: 1) California Rules of Court – Chapter 3. Legal Education, Rule 9.30. Law School Study in Schools Accredited or Registered by The Committee of Bar Examiners, 2) Business And Professions Code Sections 6046.7 and 6060.7, 3) Article 4 Admission to the Practice of Law, Section 6060, Qualifications, Examination and Fees, 4) Title 4. Admissions and Educational Standards, Division 2. Accredited Law School Rules and 5) Title 4. Admissions and Educational Standards, Division 3. Registered Law School Rules

BACKGROUND:

The Committee of Bar Examiners has spent some time considering issues related to California’s registered, unaccredited law schools, the future of such law schools, the committee’s regulatory oversight of unaccredited law schools and their various programs of legal education and whether its authority to accredit law schools should be expanded to include distance-learning law schools. Last year, the committee came to a consensus that the various rules and statutes relating to these issues should be amended as follows:

• Propose amendments to Sections 6046.7 and 6060.7 of the California Business and Professions Code that will clarify that the committee’s oversight and regulatory authority extend only to law schools and their law-related programs that offer a J.D. degree that would qualify their graduates to take the California Bar Examination; all other law-related programs (offered by law schools or “nonlaw” schools), including advanced law degrees and any other degree in law that is not based on a J.D. curriculum, would be under the oversight of the state’s degree granting entity. Propose further statutory amendments that will require all registered, unaccredited law schools to meet the standards for accreditation by the committee within 10 years, which would result in a period of registration with the Committee as an unaccredited law school for no more than 10 years.
• Propose amendments to Rule 9.30 of the California Rules of Court that will align the rule with the statutory requirements for admission and the various vehicles of legal education that will qualify an applicant for admission to practice law in California, including new restrictions with regard to how long an unaccredited law school may continue to operate as an unaccredited law school.
• Propose amendments to the Unaccredited Law School Rules and Guidelines for Unaccredited Law School Rules that bring them into conformance with the new statutory and court rule proposals, in addition to other changes that may be necessary to ensure that they are not in conflict with the Admissions Rules and to enhance the requirements for registration, such as requiring a minimum enrollment of students, providing additional, mandatory disclosures of consumer information including, but not limited to, the public disclosure of any Notice of Noncompliance the committee has issued the law school over the past five years, the basis for each such notice and its resolution, etc., in order to ensure public protection and that a sound legal education is being provided by such schools.
• Propose amendments to the Accredited Law School Rules and Guidelines for Accredited Law School Rules that will permit the accreditation of distance-learning law schools.

The committee conducted a public forum in August 2013 to receive input from interested parties on these issues. Subsequently, a working group was appointed by the committee chair to consider the comments received and to draft proposed rules. The working group was composed of deans from a California-accredited law school and the various categories of unaccredited law schools and members of the committee.

The committee carefully considered the working group’s recommendations and approved in principle proposed amendments to the following rules and statute, subject to a public comment period and approval by the Board of Trustees (board):

Attachment A: California Rules of Court – Chapter 3. Legal Education. Rule 9.30. Law School Study in Schools Accredited or Registered by the Committee of Bar Examiners

Attachment B: Proposed Amendments to Business and Professions Code Sections 6046.7 And 6060.7

Attachment C: Article 4 Admission to the Practice of Law, Section 6060, Qualifications, Examination and Fee

Attachment D: Title 4. Admissions and Educational Standards, Division 2. Accredited Law School Rules

Attachment E: Title 4. Admissions and Educational Standards, Division 3. [Unaccredited] Registered Law School Rules

Following the period of public comment, the proposals and any comments received will be reviewed by the committee in preparation for submission of final versions to the Board of Trustees for approval so that the proposed statutory amendments could be included in the State Bar’s legislative program and the proposed California Rules of Court amendments could be submitted to the court. The other rules would be implemented if the proposed amendments to the Rules of Court are approved by the court and the Legislature acts on the proposed amendments to the statutes and they are signed into law.

If these proposals, ultimately, are approved for implementation, transition rules will be drafted so that those schools currently registered with the committee are given sufficient time to conform to the new requirements. In addition, if the proposals are accepted, the guidelines interpreting the Accredited Law School Rules and Registered Law School Rules would be drafted, circulated for public comment and adopted by the committee and forwarded to the board for approval.

PROPOSAL:

The committee carefully considered the working group’s recommendations and approved in principle proposed amendments to the California Rules of Court – Chapter 3. Legal Education. Rule 9.30. Law School Study in Schools Accredited or Registered by the Committee of Bar Examiners; Business and Professions Code Sections 6046.7 And 6060.7; Article 4 Admission to the Practice of Law, Section 6060, Qualifications, Examination and Fee; Title 4. Admissions and Educational Standards, Division 2. Accredited Law School Rules; Title 4. Admissions and Educational Standards, Division 3. [Unaccredited] Registered Law School Rules, subject to a public comment period and approval by the Board of Trustees.

ANY KNOWN FISCAL/PERSONNEL IMPACT:

None

ATTACHMENTS:

• Attachment A: California Rules of Court – Chapter 3. Legal Education. Rule 9.30. Law School Study in Schools Accredited or Registered by the Committee of Bar Examiners
• Attachment B: Proposed Amendments to Business and Professions Code Sections 6046.7 And 6060.7
• Attachment C: Article 4 Admission to the Practice of Law, Section 6060, Qualifications, Examination and Fee
• Attachment D: Title 4. Admissions and Educational Standards, Division 2. Accredited Law School Rules
• Attachment E: Title 4. Admissions and Educational Standards, Division 3. [Unaccredited] Registered Law School Rules

SOURCE:

Committee of Bar Examiners

DEADLINE FOR COMMENTS:

Dec. 31, 2014

DIRECT COMMENTS TO:

Deanna Chinn
The State Bar of California
180 Howard St.
San Francisco, CA 94105
Phone: 415-538-2548
Fax: 415-538-2304
Email: Deanna.Chinn@calbar.ca.gov