Proposed amendments to rules 5-110 and 5-220 of the Rules of Professional Conduct
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
rules 5-110 and 5-220 of the Rules of Professional Conduct of the State Bar of
California.
BACKGROUND:
By statute, the
Board of Trustees (“Board”) has the authority to adopt amendments to the Rules
of Professional Conduct of the State Bar of California that are binding upon
all members of the State Bar once those rules are approved by the California
Supreme Court. (Business and Professions Code sections 6076 and 6077.) The
Board has assigned the Commission for the Revision of the Rules of Professional
Conduct (“Commission”) to conduct a study of the Rules of Professional Conduct
and to recommend comprehensive amendments. It is anticipated that this project
will be completed by March 31, 2017.
DISCUSSION/PROPOSAL:
Proposed amended rules
5-110 and 5-220 address the duties of government lawyers, including a criminal
prosecutor. In particular, proposed rule 5-110 states that it is the
responsibility of a criminal prosecutor to make timely disclosure to the
defense of exculpatory information. At its November 20, 2015 meeting, the
Board considered a Commission request to authorize proposed amended rules 5-110
and 5‑220 of the Rules of Professional Conduct for a 90-day public
comment period, and that the processing of these proposed amendments be
prioritized and handled separately from the Commission’s comprehensive proposed
amendments to the Rules of Professional Conduct anticipated to be completed by
March 31, 2017.
After the conclusion
of the 90-day public comment period, which included a public hearing on
February 3, 2016, the Commission met on March 31 and April 1, 2016 to consider all
of the public comments received. In response to the public comments, the
Commission further revised proposed rule 5-110 (see Attachment 1) and, at the
Board’s May 13, 2016 meeting, the Board authorized an additional 45-day public
comment period to seek input on these changes. The Commission did not make any
changes to proposed rule 5-220 (see Attachment 2). The Commission’s report and
recommendation submitted to the Board is provided as Attachment 3.
NOTE:
Comments
may be sent in writing to the address below or submitted online to: Public Comment Form
Commission
for the Revision of the Rules of Professional Conduct of the State Bar of
California.
DEADLINE
FOR COMMENT:
July 1, 2016
DIRECT
COMMENTS TO:
Audrey Hollins
Office
of Professional Competence, Planning and Development
State
Bar of California
180
Howard St.
San
Francisco, CA 94105-1639
Phone: 415-538-2167
Fax: 415-538-2171
E-mail:audrey.hollins@calbar.ca.gov
