Proposed Changes to the Responsibilities of the California Board of Legal Specialization (CBLS)

The State Bar is seeking public comment on a proposal to revise the Legal Specialization rules to reduce the size of the California Board of Legal Specialization (CBLS) from 15 to seven members, remove reference to advisory commissions, update the rules to reflect that the meetings must conform to the Bagley-Keene Open Meeting Act, and transfer certain responsibilities to State Bar staff.

Deadline: Thursday, May 2, 2019

Background

In September 2018, the Board of Trustees approved recommendations regarding the number, size, organizational structure, and functions performed by many of the committees, commissions, boards, and councils that support the work of the State Bar, also known as the “subentities.”

Discussion

The revisions to the rules governing Legal Specialization include reducing the size of the CBLS from 15 to seven members and streamlining the certification process by eliminating the advisory commissions.

Proposal

The following revisions are proposed:

  • Rule 3.90 is revised to change the size of the CBLS from fifteen to seven members, consisting of at least five attorney members and up to two non-attorneys.
  • Rule 3.92 is repealed as there will no longer be advisory commissions. The term “working groups” or “working group member” replaces the word “commission” in Rules 3.120, and 3.121.
  • Rule 3.93, which set forth that the board members are appointed for 4 year terms, is repealed, as the committee terms will be addressed in the Board Book.
  • Rule 3.94 is repealed to conform to the requirement to hold meeting pursuant to the Bagley-Keene Open Meeting Act, pursuant to Business and Professions Code section 6026.7.
  • Rule 3.95 is repealed as the Bar is currently circulating for public comment proposed conflict of interest rules that would apply to CBLS along with other subentities. Importantly, should those rules not be adopted, Rule 3.95 would remain as is, with the exception of changing references from “commission” to “working groups” or “working group member” consistent with the changes to Rule 3.120 and 3.121.
  • Rule 3.96 is revised to conform to the Bagley-Keene Open Meeting Act requirements.
  • The word “member” is replaced with “licensee” in Rules 3.110 and 3.114.
  • The words “to the board” are deleted in Rule 3.113. The following rules are revised to refer to the State Bar instead of the “board” or “commission,” as the State Bar staff will carry out the various functions:
    •           Rule 3.114 (approved legal-specialist education)
    •           Rule 3.115 (acceptance or rejection of computation of the tasks prescribed)
    •           Rule 3.116 (the legal specialization examination)
    •           Rule 3.117 (references)
    •           Rule 3.118 (waivers and modifications)
    •           Rule 3.119 (recertification)
    •           Rule 3.121 (action on application)
    •           Rule 3.122 (informal conferences)
    •           Rule 3.124 (suspension or revocation of certification)
    •           Rule 3.123 is the procedure for a review of a denial of application. Because the State Bar is the entity that will issue a denial, the rule is revised to refer to the “State Bar” instead of “commission.”
    •           Rule 3.126 is revised to change the designation of certification to “Certified by the State Bar of California.”

Any fiscal/personnel impact

None

Background material

Agenda item

Source

Board of Trustees

Direct comment to

Adrian Galang
Program Analyst
Office of Admissions
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1617
Phone: 415-538-2000
Email: Adrian.Galang@calbar.ca.gov