The State Bar seeks public comment on proposed changes to a rule governing probation to redefine the purpose of the office, eliminate “probation monitor referees,” and clarify the confidential nature of probation files and records. Length of comment period: 60 days.
Deadline: January 22, 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 and can also be used to upload your comment letter and/or other attachments.
In an effort to evolve supervision of attorneys who have been reproved or are on probation toward evidence-based and evidence-informed practices with the goal of reducing recidivism, the State Bar anticipates collecting information from attorneys under supervision about various potential dynamic or stabilizing factors.
Recognizing that this information may be highly sensitive, and in order to encourage participation in the voluntary collection of that information for individual and research purposes, the proposed changes to the current rules are meant to ensure that information is confidential except as specified.
The State Bar has evolved the way attorneys who are reproved or are on probation are supervised toward more current and customized supervision techniques. A supervision strategies assessment based on historical/static factors has been developed. However, dynamic and stabilizing factors also are important indicators of recidivism. To better understand which of those factors most significantly influence recidivism, the State Bar anticipates collecting information from attorneys being supervised, on a voluntary basis. In order to encourage attorneys to provide that information, which could be sensitive such as employment circumstances, family support, practice management resources, etc., the proposal includes changes to the rule to specify that the information is confidential as well as how, when, and to whom it can be used and disclosed.
The proposal also refines the purpose of the office to focus on the purposes of discipline as specified in standard 1.1 and with the intent of reducing recidivism.
The proposal eliminates the role of "probation monitor referee," a role that has not been used in over 10 years.
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Board of Trustees sitting as the Regulation and Discipline Committee
January 22, 2024, 11:59 p.m.