Proposed Revisions to the Rules of Procedure of the State Bar of California Title 5, Discipline

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 Revisions to the Rules of Procedure of the State Bar of California Title 5, Discipline

BACKGROUND:

In September 2010, the Board of Trustees approved for adoption the State Bar Court’s proposed amendments to the Rules of Procedure of the State Bar of California (“Rules”), effective January 2011. In April 2013, the State Bar Court initiated a formal evaluation process to determine the efficacy of the amendments. Public comments were solicited and received regarding the effect of the amendments. After performing an evaluation and reviewing the public comments, the State Bar Court determined that amendments to the Rules are warranted. The majority of these amendments seek to correct, clarify, or conform the Rules to current practices, but do not materially change the process. The few substantive revisions primarily address the default process.

DISCUSSION/PROPOSAL:

The Regulations, Admissions and Discipline Oversight Committee authorized a 60-day period of public comment on proposed revisions to the rules governing disciplinary and regulatory proceedings.