Proposed Change to California Rule of Procedure 5.46

The State Bar seeks public comment regarding a proposed change to Rule 5.46 of the Rules of Procedure of the State Bar regarding Disqualification of a judge

Deadline: 5 p.m., July 30, 2018

Background

Rule 5.46 sets forth the procedure for filing a motion to disqualify a State Bar Court judge. The current rule states that the Presiding or supervising Judge shall appoint “another” judge if there is a disqualification. This has led to confusion as to whether the Presiding or Supervising Judge can appoint themselves. The amendment changes “another” to “a judge other than the challenged judge” to clarify.

Discussion

On May 17, 2018, the Regulation and Discipline Committee of the Board of Trustees authorized a 60-day public comment period for a proposed amendment to Rules of Procedure of the State Bar.

Proposal

This proposal, if adopted, would make clear that the presiding judge or supervising judge are among the judges eligible to be appointed to replace a disqualified judge.

Following the public comment period, the proposed rules and any comments received will be reviewed by the Board of Trustees during its September 2018 meeting.

Any known fiscal/personnel impact

No negative fiscal or personnel impact is anticipated.

Background material

Summary memo, with redline and clean version of rules attached.

Source

Regulation and Discipline Committee

Deadline

5 p.m., July 30, 2018

Direct comments to

Antonia G. Darling
The State Bar Court
180 Howard St.
San Francisco, CA 94105
Phone: 415-538-2233
Email:  sbcrulescomment@calbar.ca.gov
Please reference the specific rule number and title in your comments.