The State Bar seeks public comment on amendments to various Rules of the State Bar and the Rules of Court relating to reporting of the information contained in the attorney record and the timing of the annual renewal cycle. Proposed amendments would clarify two reporting requirements of licensees and provide the State Bar flexibility to change the deadline of the annual renewal cycle.
Deadline: September 24, 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.
Currently, the end of the annual renewal cycle, the deadline to pay annual licensing fees and to comply with various reporting obligations, is “the first day of February of each year.” The first day of February is the deadline set by several statutes, including Business and Professions Code sections 6140 [due date for active licensees to pay the annual license fee], 6141 [due date for inactive licensees to pay the annual license fee], and 6002.1 [annual deadline for notifying the State Bar of changes to attorney record information]. The State Bar would like flexibility to change the annual renewal cycle deadline. As part of the State Bar fee bill currently pending in the legislature, AB 3279, the State Bar is pursuing legislative changes to the above statutes. In anticipation of those changes and to effectuate the deadline changes, staff is recommending changes to four Rules of the State Bar. The proposed rule amendments related to changing the annual renewal cycle deadline would only be returned to the Board if appropriate statutory amendments were made as part of the fee bill.
Additionally, proposed amendments to rule 2.2 of the Rules of the State Bar include amendments to rule 2.2(B)(7) to clarify the reporting obligations of licensees regarding their law firm size and rule 2.2(C) to clarify that licensees do not need to report changes to the number of attorney employees at their law firm, company, agency, or organization within 30 days of the change.
Proposed Amendment to Rule 2.2 (Public information; duty to update licensee record) - Clarification of Reporting ObligationsThe proposed amendments clarify how to determine the size of a law firm, company, agency, or organization for reporting purposes and when such reporting is required.
Proposed Amendment to Rule 2.2 (Public information; duty to update licensee record) - Reporting DeadlineProposed amendments would adding language that would allow the State Bar to revise the reporting deadline through the Schedule of Charges and Deadlines.
Proposed Amendment to Rule 2.11 (Due date; Form of payment)The proposed amendments add language to allow the State Bar to revise the due date for the annual license fee and the date to cure a nonconforming payment through the Schedule of Charges and Deadlines.
Proposed Amendment to Rule 2.16 (Waivers)The proposed amendments allow the due date for a request for a waiver of the payment of annual license fees or penalties to be based on the due date of the annual license fees, as set forth in the Schedule of Charges and Deadlines. The proposed amendments also coordinate the age threshold for automatic annual license fee waivers for inactive licensees that are 70 years of age or older to align with the deadline for payment of annual license fees set forth in the Schedule of Charges and Deadlines.
Proposed Amendment to Rule 2.71 (Compliance periods)The proposed amendments allow, if a corresponding California Rule of Court is approved, the State Bar to revise the MCLE compliance period so long as the revised compliance period is a minimum of thirty-six months. Currently, the MCLE compliance period is thirty-six months. The compliance period begins on February 1 and ends three years later on the last day of January. This means that licensees who must report their MCLE hours on February 1 must complete those courses between February 1 and January 31 three years later. The proposed amendments to rule 2.71 would state that the MCLE compliance period would begin on the deadline set forth in the Schedule of Charges and Deadlines and end no less than thirty-six months later. The intent is to ensure a transition period in which licensees who take MCLE courses based on the current MCLE cycle start date can apply those credits to their MCLE reporting. Eventually, licensees will be expected to adapt to the new MCLE compliance period. Staff has included two versions of this rule. The version shown in attachments G (clean version) and H (redline version) show how proposed rule 2.71 would read.
Rule of Court 9.31The proposed amendment allows the State Bar to revise the MCLE compliance period so long as the revised compliance period is a minimum of thirty-six months.
The proposed amendments to rule 2.2, 2.11 and 2.16 relating to changing the renewal cycle will change the beginning, and ending, of the billing cycle, and therefore may impact the timing of the receipt of some licensing fees, but will not affect the amount of revenue recorded in a budget year for licensee fees.
Board of Trustees, sitting as the Regulation and Discipline Committee
September 24, 2024, 11:59 p.m.