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State Bar of California Board of Trustees Approves Measures to Improve Civility in the Legal Profession

At its meeting on July 20, 2023, the State Bar of California’s Board of Trustees approved proposed measures to improve the civility of attorneys who are authorized to practice law in California. The proposed changes, which now go to the California Supreme Court for review and approval, are based on recommendations of the California Civility Task Force, a diverse group of more than 40 lawyers and judges. The group was sponsored by the California Lawyers Association and the California Judges Association.  

The changes include:  

• Amendments to California Rule of Court 9.7 to require lawyers to annually affirm or reaffirm their civility oath;  
• A new State Bar Rule 2.3 to implement the changes to the oath; and 
• Amendments to the Rules of Professional Conduct to make incivility a basis for discipline. 

“Civility matters not simply because lawyers are examples to others on how to engage competing ideas and interests,” the task force’s final report states. “It matters because our system of justice simply cannot function fairly and reliably with systemic incivility.” 

Since 2014, anyone admitted to practice law in California has taken an oath that includes, "As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity." However, most practicing attorneys took the version of the oath before 2014 that did not include this language. The new proposed rules are designed to reinforce the oath’s aspirational language, ensure that all California attorneys affirm that they are bound by it, and support the intentions of the oath with corresponding ethical rules. 

In other actions at the July meeting, the Board: 

• Approved changes to the Conflict of Interest Code for the Board of Trustees. The proposed amendments, which now go to the Chief Justice of California for review and approval, adopt the model conflict of interest code of the Fair Political Practices Commission (FPPC) and conform the code to the Political Reform Act, the landmark law that created the FPPC. The amendments will require Trustees to report financial interests on their Form 700s (Statements of Economic Interest) more comprehensively than currently, including reporting all financial interests that may foreseeably be affected materially by any decision they make or participate in. 
• Approved to circulate for a 45-day public comment period proposed changes to the Rules of Court related to evaluating candidates for appointment as State Bar Court judges and State Bar Trustees. Under the direction of the California Supreme Court, the rule changes would require the committees who evaluate and recommend candidates for these appointments to collect information on and consider candidates’ actual and potential conflicts of interest.   
• Heard a six-month update from the State Bar’s new Public Trust Liaison, who receives inquiries, responds to questions and concerns brought by members of the public that remain unresolved through other channels, and investigates to ensure proper procedures were followed. In its first six months, the office has received over 400 inquiries, mostly about attorney complaints and the admissions process, and has resolved more than half of them. 
• Approved new members, alternates, reappointments, and leadership roles on several of the State Bar’s committees and task forces. More than 60 new members and alternates were selected through extensive efforts to recruit attorneys, members of the public, and current and former judicial officers to apply for and contribute to the important policy work of these subentities. The State Bar performs extensive outreach efforts to encourage diverse candidates who represent the rich racial, ethnic, geographic, and professional diversity of Californians to apply and participate. 

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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.