The State Bar seeks comment on recommended changes to the Rules of the State Bar governing funds administered by the Legal Services Trust Fund Commission to support free civil legal services to indigent persons in California. Length of comment period: 45 days.
Deadline: October 23, 2023, 11:59 p.m.
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 Legal Services Trust Fund Commission (LSTFC) is charged with administration and oversight of grant funds that pass through the State Bar to support civil legal aid in California. As part of these obligations, the LSTFC determines eligibility for grant funding and monitors grant compliance among recipient organizations. In 2020, the LSTFC began an extensive codification process examining the existing Rules of the State Bar on grant eligibility and administration to harmonize the governing authorities and provide proper guidance to staff, grantees and applicants, and the LSTFC itself, in effectuating grant requirements.
Each proposal included here has gone from a working group comprised of State Bar staff and LSTFC members, to the LSTFC’s Rules Committee, and finally to the LSTFC itself. Stakeholders—in particular, members of the legal aid community—were invited to comment directly in writing or at the LSTFC’s public meetings before the LSTFC acted. These proposals have already obtained extensive feedback regarding their potential impact.
The proposed rule changes (and new proposed rule) address questions related to establishing eligibility for grants, including law school clinical program requirements and the review process for discretionary grants that utilize requests for proposal. The proposal further addresses administrative matters such as the establishment and management of a reserve of IOLTA funds in tandem with determining the annual distribution amount, as well as grantee tracking and reporting of exemptions to fee-generating work.
Through the codification process, the LSTFC seeks to improve clarity, fairness, and efficiency in grantmaking as well as oversight of State Bar funds. The LSTFC is charged with recommending rules regarding grant eligibility and administration (Business and Professions Code, section 6210.5(e)). Under that same statute, the Board of Trustees shall approve such recommended rule changes unless they conflict with the State Bar’s statutory, fiduciary, or legal obligations. Consequently, the LSTFC welcomes all comments but is especially interested in comments concerning the State Bar’s relevant statutory, fiduciary, and legal obligations.
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Legal Services Trust Fund Commission
October 23, 2023, 11:59 p.m.