Proposed State Bar Rules and Rule Amendments Related to Grants Administration

The State Bar seeks comment on recommended changes to Rules of the State Bar governing funds administered by the Legal Services Trust Fund Commission to support free civil legal services to indigent persons in California. Length of comment period: 45 days.

Deadline: January 11, 2024, 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 Legal Services Trust Fund Commission (LSTFC) is charged with administration and oversight of grant funds that pass through the State Bar to support civil legal aid in California. As part of these obligations, the LSTFC determines eligibility for grant funding and monitors grant compliance among recipient organizations. In 2020, the LSTFC began an extensive codification process examining the existing Rules of the State Bar on grant eligibility and administration to harmonize the governing authorities and provide proper guidance to staff, grantees and applicants, and the LSTFC itself, in effectuating grant requirements.

Each proposal included here has gone from a working group comprised of State Bar staff and LSTFC members, to the LSTFC’s Rules Committee, and finally to the LSTFC itself. Stakeholders—in particular, members of the legal aid community—were invited to comment directly in writing or at the LSTFC’s public meetings before the LSTFC acted. These proposals have already obtained extensive feedback regarding their potential impact.

Discussion/proposal

Through the codification process, the LSTFC seeks to improve clarity, fairness, and efficiency in grantmaking as well as oversight of State Bar funds. The LSTFC is charged with recommending rules regarding grant eligibility and administration (Business and Professions Code, section 6210.5(e)). Under that same statute, the Board of Trustees shall approve such recommended rule changes unless they conflict with the State Bar’s statutory, fiduciary, or legal obligations. Consequently, the LSTFC welcomes all comments but is especially interested in comments concerning the State Bar’s relevant statutory, fiduciary, and legal obligations. 

The proposed rules and amendments aim to address questions related to grants administration, including (1) State Bar grant expenditure deductions, (2) pro bono allocations and (3) carryovers and budget modifications. 

Any fiscal/personnel impact

N/A

Background material

From the Legal Services Trust Fund Commission meeting November 9, 2023:  

  • Agenda Item 3.2 Codification of Grant Administration Practices: Fiscal Issues – State Bar Grant Expenditure Deductions 
  • Agenda Item 3.3 Codification of Grant Administration Practices: Approve Recommendations Regarding Pro Bono Allocation 
  • Agenda Item 3.4 Approve Recommendations Regarding Carryover and Budget Modifications
Source

Legal Services Trust Fund Commission

Deadline

January 11, 2024, 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.