Ad Hoc Commission on the Discipline System Recommendations

The State Bar seeks public comment on recommendations adopted by the Ad Hoc Commission on the Discipline System.

Deadline: November 28, 2022

Direct comments to

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.

Background

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.

Discussion/proposal

At its meetings on June 1, 2022, and August 24, 2022, the commission adopted the following nine recommendations listed below by topic area.

Attorney Discipline on State Bar Website and Expungement of Attorney Discipline Records

The commission explored policy issues relating to public access to attorney discipline history and expungement of discipline records. 

With regards to posting discipline history, the Ad Hoc Commission on the Discipline System found that:

  • Although there is no statutory or rule requirement that the State Bar display public discipline history on the licensee’s attorney profile page on the State Bar’s website, the State Bar has chosen to facilitate the public’s right of access to attorney disciplinary records posting it; and
  • There is currently no time limit on how long such information is posted, contrary to the practice of other similarly situated state agencies, such as the Medical Board of California.

With regards to discipline record expungement, the Ad Hoc Commission on the Discipline System found that:

  • Despite the existence of Business and Professions Code section 6092.5(e), which states the State Bar shall “Expunge the records of the State Bar as directed by the California Supreme Court” there is no formal process for attorneys to petition the Supreme Court for expungement.

As a result, the commission recommended that the Board of Trustees:

  • Adopt the following timelines for removal of the attorney discipline from the website attorney profile page and for expungement of attorney discipline records:
    • Private reproval: One year of when conditions are met.
    • Public reproval: Three years.
    • Probation with stayed suspension: Three years of conclusion of probation.
    • Probation with actual suspension: Five years from reinstatement.
    • Disbarment: Public indefinitely (no change).

Eligibility for expungement of the attorney discipline record would be based on no new discipline or active investigations during the period, and payment of all restitution.
Any fiscal/personnel impact

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. 

Background material
Source

Board of Trustees

Deadline

November 28, 2022

Direct comments to

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.