Clarifying and Corrective Amendments to Multiple State Bar Rules

Clarifying and Corrective Amendments to Multiple State Bar Rules

The State Bar seeks public comment on proposed clarifying and corrective amendments to State Bar Rules regarding Electronic Service Address, Application for Involuntary Enrollment, Filing Requirements, Burden of Proof, Beginning Moral Character Proceedings, Disclosure of Information, and Investigation Depositions. Length of comment period: 45 days.

Deadline: January 18, 2024, 11:59 p.m.

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 State Bar proposes amendments to clarify and correct the following State Bar rules:

  1. Rule 5.4, subsection (29) to clarify that petitioners for reinstatement and applicants for admission requesting a moral character proceeding are required to provide an email address for service of documents with their initial pleading;
  2. Rule 5.226 to correct the standard for applications for involuntary enrollment to accord with statutory amendments to Business and Professions Code section 6007(c)(2);
  3. Rules 5.441 and 5.445 to clarify the application of prefiling requirements to petitioners for reinstatement in light of the State Bar Court’s opinion in In the Matter of Sanjay Bhardwaj, Case No. SBC-22-R-30503;
  4. Rule 5.461 to specify that service on the Office of Chief Trial Counsel and Committee of Bar Examiners of applications for review of adverse moral character determinations may be by electronic service;
  5. Rule 2302 to correct its provisions for disclosure of confidential information regarding disciplinary investigations to accord with recent statutory amendments to Business and Professions Code section 6086.1; and
  6. Rule 2502 to correct statutory references and clarify that both the Office of Chief Trial Counsel and attorneys have the right to seek protective orders in connection with investigation depositions.
Discussion/proposal

Staff proposes amendments to correct and clarify a number of rules.

The full language of the proposed amendments can be found here.

Any fiscal/personnel impact

N/A

Background material

 

  • From the Board of Trustees meeting November 16—17, 2023: Agenda Item 60-6 Proposed Clarifying and Corrective Amendments to State Bar Rules Regarding Electronic Service Address (Rule 5.4(29)), Application for Involuntary Enrollment (Rule 5.226), Filing Requirements (Rule 5.441), Burden of Proof (Rule 5.445), Beginning Moral Character Proceedings (Rule 5.461), Disclosure of Information (Rule 2302), and Investigation Depositions (Rule 2502): Request to Circulate for Public Comment
Source

Board of Trustees sitting as the Regulation and Discipline Committee

Deadline

January 18, 2024, 11:59 p.m.

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.