The State Bar seeks public comment to amend California Rules of Court, rule 9.23.
Deadline: October 20, 2024, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.
At its September 2024 meeting, the Board of Trustees approved the implementation of a one time Offer and Compromise Program to allow current and former attorneys to settle their State Bar debt, consisting of discipline costs, monetary sanctions, and Client Security Fund (CSF) reimbursements.
California Rules of Court, rule 9.23 (rule 9.23) governs the process for the entry of money judgments for discipline costs, monetary sanctions, and CSF reimbursement in Superior Court pursuant to the State Bar’s statutory authority. Entry of money judgments allows the State Bar to collect interest and undertake collection efforts, including placement of property liens. Consistent with the current State Bar Rules of Procedure relating to debt reduction, rule 9.23 specifies that motions for compromise of judgments for discipline costs and monetary sanctions must be made in State Bar Court. Since this settlement program will be outside of the purview of State Bar Court, amendments to this rule are necessary to allow licensees with money judgments the ability to satisfy any judgment when participating in the program.
The proposed amendments remove the section of rule 9.23 that states that compromise of money judgments must be brought in State Bar Court.
The cost to develop the platform to manage the Offer and Compromise Program is estimated to be $750,000.
From the Board of the Trustees Meeting September 19, 2024: Staff Report Item 6.1, Approval of Offer and Compromise Program, Related Contractual Expenditures and Delegations; Proposed New State Bar Rule and Proposed Amendments to California Rules of Court (Rule 9.23): Request to Circulate for Public Comment
Board of Trustees
October 20, 2024, 11:59 p.m.