The State Bar seeks public comment regarding a proposed new State Bar Rule setting forth guidelines for the imposition and collection of monetary sanctions in State Bar disciplinary proceedings.

Deadline: October 2, 2018 

Background

The State Bar is seeking public comment on a proposed State Bar Rule setting forth guidelines for the imposition and collection of sanctions to be ordered by the California Supreme Court when imposing suspension or disbarment of an attorney. This proposal is being submitted pursuant to Business and Professions Code § 6086.13, which requires that the State Bar adopt such a rule, to be approved by the California Supreme Court.

Discussion

B & P Code § 6086.13, effective January 1, 1994, requires that the State Bar, with the approval of the California Supreme Court, adopt rules setting forth guidelines for the imposition and collection of monetary sanctions to be imposed in connection with suspension or disbarment of attorneys.

On July 19, 2018, the State Bar Regulation and Discipline Committee of the Board of Trustees authorized a 60-day public comment period for a proposed State Bar rule setting forth such guidelines.

Proposal

This proposal, if adopted, would add a new rule that would require the State Bar Court to consider whether a respondent recommended to be suspended or disbarred, or who has resigned with charges pending, should be ordered to pay monetary sanctions as part of a disciplinary recommendation to the California Supreme Court. The rule sets forth criteria for the imposition and collection of these sanctions.

Following the public comment period, the proposed rule and any comments received will be reviewed by the Board of Trustees during its November 15-16, 2018 meeting.

Any known fiscal/personnel impact

See Background materials.

Background material

Summary memo, with redline and clean version of rules.

Source

Regulation and Discipline Committee

Deadline

October 2, 2018

Direct comments to

Suzanne C. Grandt
Office of General Counsel
180 Howard St.
San Francisco, CA 94105
Phone: 415-538-2388
Email: suzanne.grandt@calbar.ca.gov

Please reference the specific rule and title in your comments.