Revised Proposed Amendment Requiring Attorneys to Complete Annual Civility Pledge and New State Bar Rule for Implementation

The State Bar seeks public comment on revised proposed amendments to California Rule of Court 9.7, which requires that, prior to admission to the State Bar, an attorney complete a civility pledge with their oath for admission. The amendments would require that all licensees and certain attorneys authorized to practice in California submit a one-time declaration to the State Bar affirming that they will conduct themselves with civility and complete an annual civility pledge. The State Bar also seeks comment on a new State Bar Rule 2.3, which is the implementing rule for the proposed amendments to Rule of Court 9.7. 

Deadline: June 23, 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

Since June 2014, California attorneys have been required to complete a civility pledge as part of their oath for admission to practice law, which states, “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.” Because this requirement is relatively new, most licensees have not sworn this civility pledge. Also, it has not been sworn by any specially admitted attorneys who are authorized to practice law in California, including registered in-house counsel, registered military spouse attorneys, certified law students, registered foreign legal consultants, registered legal aid attorneys, and others. 

The State Bar issued proposed amendments to Rule of Court 9.7 to require all active licensees who have not already completed the civility pledge upon admission to the State Bar, and all specially admitted attorneys, to submit a declaration affirming their commitment to the civility pledge by February 1, 2024. An inactive licensee would be required to submit the declaration when returning to active status. Additionally, all licensees and specially admitted attorneys would be required to take the civility pledge annually when paying annual licensing or registration fees. 

Discussion/proposal

The State Bar is issuing revised proposed amendments to Rule of Court 9.7 for a second public comment period. These changes will require that all licensees submit a declaration containing the civility language on a one-time basis, not just licensees who have not already taken the oath with the civility language prior to admission to the State Bar. Further amendments would also clarify that all licensees and special admissions attorneys must submit the declaration by February 1, 2024, and that all licensees who are on inactive status or not eligible to practice law must submit the declaration with the civility language prior to their return to active status. Finally, there are other proposed clarifying changes that provide that the State Bar must develop a schedule for implementation for the annual civility pledge affirmation in addition to a schedule for implementation for the initial declaration requirement. 

The State Bar also seeks public comment on new State Bar Rule 2.3, which is required to implement the changes to the oath requirements as proposed in Rule of Court 9.7. State Bar Rule 2.3 would only be considered for adoption by the Board if the Supreme Court ultimately approves the amendments to Rule of Court 9.7.   

Any fiscal/personnel impact

If adopted by the Supreme Court, the proposed amendments to Rule of Court 9.7 and the necessary State Bar implementing rules and procedures would result in an increased workload for State Bar staff. These changes would primarily impact the Office of Information Technology and the Division of Regulation. It is anticipated that the staff and resource needs associated with implementing these civility requirements can be absorbed through the existing budget. 

Background material

• From the Board of Trustees meeting May 18—19, 2023: Agenda Item 60-4 Proposed Rule Amendments Based on Recommendations by the California Civility Task Force (Rule of Court 9.7 and Rules of Professional Conduct 1.2, 8.4, and New Rule 8.4.2): Request to Circulate for Second Public Comment Period
• From the Board of Trustees meeting Nov 17—18, 2022: Agenda Item 704 Proposed Amendments to Rule 9.7 of the California Rules of Court and the Rules of Professional Conduct Based on Recommendations by the California Civility Task Force: Request to Circulate for Public Comment

Source

Board of Trustees sitting as the Regulation and Discipline Committee

Deadline

June 23, 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.