Proposed Amendments to the Rules of Procedure of the State Bar, Rule 5.127 (Public and Private Reprovals) and Rule 5.155 (Actions by Review Department)

The State Bar seeks public comment on proposed changes to two Rules of Procedure. Proposed amendments to rule 5.127 will clarify the effective date of reprovals. Proposed amendments to rule 5.155 will permit any Hearing Department judge to be assigned as a judge pro tempore in the Review Department.

Deadline: May 11, 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 amendments to rule 5.127(A) are intended to clarify when a reproval takes effect while providing sufficient time for a party to request a review of a State Bar Court decision. 

The amendments to rule 5.155(F) are in response to Supreme Court Administrative Order 2022-01-18, which permits the State Bar Court presiding judge or acting presiding judge to assign as pro tempore any hearing judge to the Review Department. The Standing Order is in effect until either the Supreme Court fills all vacancies in the Review Department or until these proposed amendments are approved by the Board of Trustees. Before the Standing Order was issued, the presiding judge or acting presiding judge could only assign as pro tempore a hearing judge appointed by the Supreme Court.

Discussion/proposal
The proposed amendments to rule 5.127(A) will clarify that a reproval takes effect 60 days after the filing of a decision, opinion, or order unless there is a request for review. If there is a request for review filed in the Review Department, and the Review Department also orders a reproval, it will take effect 60 days after it is filed. If a request for review is filed in the Supreme Court, the reproval will take effect 30 days after the filing of an opinion or order by the Supreme Court, pursuant to rule 9.18(a) of the California Rules of Court. 

The proposed amendments to rule 5.155(F) permit any hearing judge, regardless of appointing entity, to act in a Review Department judge’s place upon designation by the presiding judge or acting presiding judge. 
Any fiscal/personnel impact 

None

Background material
Source

Regulation and Discipline Committee

Deadline

May 11, 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.