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.
Progressive Discipline
The commission explored discipline standards 1.8 and 1.6 adopted by the Board of Trustees to ensure consistency in disciplinary proceedings. The State Bar currently follows a policy of “progressive discipline,” which means each successive incident of discipline should generally be more severe than the last. The rationale for what is commonly referred to as progressive discipline is that a prior record of discipline is a significant aggravating factor in determining the appropriate level of discipline.
There was widespread interest among commission members in modifying standards 1.8 and 1.6 to enable greater judicial discretion to reduce the impact of racial disparities in discipline on future outcomes.
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