Proposed New Rule of Court 9.8.1

The State Bar seeks comment on proposed new Rule of Court 9.8.1, which would require licensees to comply with rules before returning to active status where the rule authorizes the State Bar to suspend or enroll as inactive a licensee for failure to comply with the rule. Length of comment period: 60 days.

Deadline: November 7, 2023, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.

Background

The State Bar seeks to reduce the administrative effort required to ensure licensees returning from inactive and not eligible status comply with various rules of the State Bar.

Discussion/proposal

Adoption of Rule of Court 9.8.1 would authorize the State Bar to adopt rules and regulations to require that, prior to returning to active status, a licensee must comply with any rule where the State Bar is authorized to suspend or enroll as inactive a licensee for failure to comply with the rule. For example, currently when a licensee’s period of suspension is over, they are returned to active status by operation of law (i.e., by termination of the order of suspension). As a result, the State Bar moves them to active status and expends significant administrative resources to follow up with the licensee to get them to comply with any outstanding reporting requirements and, if they fail to comply, to enroll the licensee as inactive for failure to comply.

The adoption of proposed Rule of Court 9.8.1 by the Supreme Court would allow the State Bar, upon the termination of a licensee’s suspension, to move the licensee from “not eligible” to “inactive.” The licensee can then comply with all requirements for return to active status and, like other inactive attorneys, submit a form requesting to be changed to active status.

Any fiscal/personnel impact

None

Background material

• From the Board of Trustees meeting May 18—19, 2023: Agenda Item 60-2 Proposed Amendments to California Rules of Court (Rules 9.8.5, 9.9, 9.32, 9.49 and New Rule of Court 9.8.1) and Rules of the State Bar (Rules 2.2, 2.5, 2.15, 2.16, 2.30, 2.51, 2.53, 2.71, 2.111 and New State Bar Rules 2.140–2.153) Relating to Regulatory Function of the State Bar: Request to Circulate for Public Comment

Source

Board of Trustees, sitting as the Regulation and Discipline Committee

Deadline

November 7, 2023, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.