The State Bar seeks public comment on recommendations adopted by the Ad Hoc Commission on the Discipline System.
Deadline: November 28, 2022
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
The Board of Trustees established the Ad Hoc Commission on the Discipline System to assess the initiatives, policies, and procedures implemented to improve the efficiency, effectiveness, and fairness of the attorney discipline system and to identify any additional improvements needed. The 26-member commission began its work in April 2021 and included members with a broad array of backgrounds and expertise in the legal profession and regulatory agencies. The commission conducted a comprehensive review of the initiatives, policies, and procedures the Office of Chief Trial Counsel (OCTC) developed and implemented over the last several years.
At its meetings on June 1, 2022, and August 24, 2022, the commission adopted the following nine recommendations listed below by topic area.
Discipline Costs and Sanctions
The State Bar recovers costs associated with disciplinary investigation and court proceedings as directed by Business and Professions Code section 6086.10. However, State Bar determines the exact costs imposed. Attorneys who do not pay discipline costs have their license to practice suspended until payment is made. Current discipline costs range from $3,693 to $24,695. Discipline costs are imposed on attorneys even if they are not found “guilty” by the State Bar Court on some or all allegations of misconduct.
In addition, disciplined attorneys can be ordered to pay sanctions of between $1,000 and $5,000, mandated by Business and Professions Code section 6086.13.
As a result, the commission recommended that the Board of Trustees:
There is no fiscal impact for the requested action. State Bar staff will generate a projected fiscal impact of the final recommendations submitted by the commission to the Board subsequent to the public comment period.
Board of Trustees
November 28, 2022