PLEASE NOTE: Publication for public comment is not, and shall not, be construed as a recommendation or approval by the Board of Trustees of the materials published.

SUBJECT:

Proposed Amendments to California Rule of Court, Rules 9.6 and 9.31 and State Bar Rules 2.32 and 2.50 to Permit Expungement of MCLE Involuntary Inactive Enrollment in the Limited Circumstances

BACKGROUND:

Expungement of information from State Bar membership records is currently governed by Rule 9.6(b)-(f) and Business and Professions Code section 6092.5(e). Rule 9.6(b) authorizes the State Bar to recommend to the Supreme Court on an annual basis that an isolated incident of suspension for nonpayment of fees be expunged from an attorney’s membership record if the member meets four criteria prescribed in rule 9.6(b).

DISCUSSION/PROPOSAL:

This proposal suggests amendments to California Rules of Court 9.6 and 9.31 to permit a one-time only expungement of an isolated incident of minimum continuing legal education (“MCLE”) involuntary inactive enrollment. The proposed amendments to rule 9.31 require a member to meet the same four criteria in Rule 9.6(b). The request also includes proposed amendments to the Rules of the State Bar. After public comment, if the Board of Trustees concurs with the proposal, the proposed amendments to rules 9.6 and 9.31 will be sent to the California Supreme Court for consideration and action.

ANY KNOWN FISCAL/PERSONNEL IMPACT:

It is expected that computer programming costs associated with this proposal will be absorbed in the budget. No overall fiscal impact or staff impact is expected.

ATTACHMENTS:

Admissions and Education Committee – Nov. 17, 2016:
A&E Agenda Item III.B.
A&E III.B. - Attachment A
A&E III.B. - Attachment B
A&E III. B. - Attachment C

SOURCE:

Admissions and Education Committee

DEADLINE:

Monday, March 6, 2017

DIRECT COMMENTS TO:

Dina DiLoreto
The State Bar of California
180 Howard St.
San Francisco, CA 94105
Email: MCLEPublicComment@calbar.ca.gov