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

SUBJECT

Proposed Expungement of MCLE Inactive Enrollment in the Circumstances Prescribed in California Rule of Court 9.6

BACKGROUND

California Rule of Court 9.6(b) authorizes the State Bar to recommend to the California Supreme Court on an annual basis that an isolated incident of suspension for nonpayment of fees be expunged from an attorney’s membership records if the attorney meets four criteria prescribed in subpart (b). Subparts (c) and (d) set forth additional requirements relating to the expungement.

DISCUSSION/PROPOSAL

This proposal would amend Rule of Court 9.6 subparts (b) through (d) to extend the authorization for a one-time only expungement to an isolated incident of minimum continuing legal education (“MCLE”) inactive enrollment using the same four criteria prescribed in subpart (b). One criterion in subpart (b) is that the member has not on any previous occasion obtained an expungement under the terms of the rule. Accordingly, expungement would be permitted for either an isolated incident of suspension for nonpayment of dues or an isolated incident of MCLE inactive enrollment, but not for both. The proposal includes related amendments to Rules 2.32 and 2.50 of the State Bar.

The period of public comment is 45 days.

If approved by the Board of Governors after public comment is received, the proposal will be transmitted to the Supreme Court for consideration and action.

ANY KNOWN FISCAL/PERSONNEL IMPACT
None known.

ATTACHMENTS
  • Attachment 1 - Agenda item dated Dec. 17, 2010
  • Attachment 2 - Proposed amendments to California Rule of Court 9.6
  • Attachment 3 - Proposed amendments to Rules 2.32 and 2.50 of the State Bar
SOURCE

Board Committee on Member Oversight
Jan. 7, 2011

COMMENT DEADLINE

Feb. 28, 2011

DIRECT COMMENTS TO:

Debbie Yee
Office of Member Services
The State Bar of California
180 Howard Street
San Francisco, CA 94105
(415) 538-2273
(415) 538-2305 Fax
debbie.yee@calbar.ca.gov