The State Bar seeks public comment on new time standards for processing complaints about attorneys.
Deadline: September 6, 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 State Bar of California is responsible for receiving, investigating, and prosecuting complaints filed against California attorneys. On average, the State Bar handles about 15,000 cases each year. Under current law, the State Bar is supposed to complete its investigation and either charge or close a case within 180 days of receiving a complaint for standard cases and 365 days for complex cases.
Each year, the State Bar has a significant backlog of cases that have not been processed according to these standards, and the State Bar has been criticized for taking too long to investigate and prosecute cases. Last year, the Legislature directed the State Bar to develop new time standards and propose staffing levels necessary to complete most cases within those time standards.
Based on the Legislature’s direction, in an effort to improve case processing times, the State Bar is proposing new time standards that take into account the following factors:
To develop its new proposed standards, the State Bar also considered:
The State Bar has developed new preliminary standards shown below. Your input is sought on these preliminary standards. Do they make sense to you?
[1] Average days to closure or charging based on actual case data over four years (2018–2021). For example, for high-risk/noncomplex cases, over the last four years the average time from receipt of the complaint to closure in investigation was 167 days.
[2] Proposed standard for average days to closure or charging, with an assumption that staffing levels will be adjusted to enable the State Bar to meet these standards. For example, for high-risk/noncomplex cases, the proposed time standard would be an average time from receipt of complaint to closure in investigation of 120 days.
Not Applicable
Regulation and Discipline Committee
September 6, 2022