News Releases

New Board Chair, Vice-Chair Sworn In; Board Reviews Progress on Discipline Reforms, Provisional Licensing, and Other Key Initiatives

Today Associate Justice Joshua P. Groban of the California Supreme Court swore in Sean SeLegue as Chair of the State Bar Board of Trustees and Ruben Duran as Vice-Chair at the Board’s first meeting of the 2020-2021 Board year. Also sworn in was attorney Christine Gonong, appointed by the Court to a four-year term as a new Trustee, and attorney Hailyn Chen, reappointed by the Court for a second four-year term. New Trustee Arnie Sowell Jr., executive director of NextGen Policy, who was appointed by the Senate Rules Committee, was also sworn in by Justice Groban. 

In introductory remarks, Justice Groban movingly commented on the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg, who now lies in state at the U.S. Capitol. Connecting her legacy to the work of State Bar leaders and all in the legal profession, he said, “The work you do is at the core of these fundamental principles: justice for all under the law, and I suggest that you use the memory of Justice Ginsburg, or anyone else who you admire that embodies these fundamental principles, to inspire you. May her memory be a blessing for each of you, in the work you do here for the Bar, in your own workplaces, and in your homes.”

SeLegue first joined the Board in 2016, elected by members of District 1 (which encompassed the Bay Area and parts of Northern California). With the transition to a fully appointed Board, he was subsequently appointed by the Supreme Court to a second term. He will lead the agency into 2021 as it moves forward with numerous strategic initiatives focused on ensuring that the agency effectively fulfills its expansive mission.

SeLegue said that he is “honored by the Court’s appointment, particularly to take office as only the second openly LGBTQ leader in the State Bar’s more than 90-year history. I look forward to working with our many stakeholders, fellow Trustees, leaders in the profession, and the State Bar’s dedicated staff to continue reform of the State Bar and see through the many initiatives and reforms slated for the coming year.”

Among actions taken by the Board at its two-day meeting were these:

Approved Formation of Commission on the Discipline System: The Board heard about progress by the State Bar in its efforts to address racial disparities in the attorney discipline system and approved formation of an ad hoc commission that will take a comprehensive look at the discipline system as a whole and explore further changes to address issues of racial disparity and make the discipline system more fair and effective for all.

Approved Provisional Licensure Draft Rule of Court: Among the changes to admissions directed by the California Supreme Court in the wake of the COVID-19 pandemic, the Court directed the State Bar "to implement, as soon as possible, a temporary supervised provisional licensure program—a limited license to practice specified areas of law under the supervision of a licensed attorney." The proposed program will enable 2020 law school graduates who have not yet passed a bar exam to begin practicing law under supervision until at least June 1, 2022. The Board approved a draft rule of court that will now go to the Supreme Court for approval. The draft rule outlines eligibility, scope of practice, supervision requirements, and other structural details of the program, which is expected to launch this fall. More information. The Board also directed the Provisional Licensure Working Group to reconvene to discuss whether to recommend extending provisional licensure to individuals who previously scored 1390 or greater on the bar exam, and if so, whether to recommend granting these individuals admission to the State Bar after completing a defined number of hours of supervised practice as a Provisionally Licensed Lawyer.

Expanded Elimination-of-Bias Continuing Education Requirements: Fulfilling one of its strategic plan objectives related to diversity and inclusion, the Board approved changes to Minimum Continuing Legal Education (MCLE) requirements proposed by its Council on Access and Fairness. Attorneys will be required to take two hours of elimination of bias training (up from one hour) per three-year cycle—including an implicit bias training requirement. Licensees will have to meet the additional implicit bias MCLE requirement beginning with the compliance period ending January 31, 2023.

Continued Work on Access Initiatives: The Board approved a rule change that had been recommended by the Task Force on Access Through Innovation of Legal Services. Amendments to Rule 5.4 of the Rules of Professional Conduct would extend the existing exception for fee-sharing arrangements with a nonprofit organization to include the sharing of fees that arise out of a settlement or other resolution of a matter. The amendment was intended to address incubator programs and other similar relationships with lawyers who are working through a nonprofit legal services organization administering an incubator or similar program. The amendment must now go to the California Supreme Court for final review and approval.

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The State Bar of California's mission is to protect the public and includes the primary functions of licensing, regulation and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.