The State Bar seeks public comment on proposed amendments to rule 5.28 to clarify the computation of time when there is an extension of the prescribed period for action based on the manner of service and on proposed amendments to rule 5.127 and standard 1.2 to implement the elimination, as of January 1, 2025, of nonpublic private reprovals.
December 18, 2024, 11:59 p.m. (30 days)
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.
The proposed amendments to rule 5.28 are intended to resolve confusion regarding the computation of time following differing interpretations of the current rule by the Review Department of the State Bar Court and the California Supreme Court; the proposed amendments implement the computation method followed by the Review Department.
Rule 5.28: Computation of Time
The amended rule would revise the extended period to act or respond to a filing served electronically, by overnight mail, or by fax from two court days to two calendar days. The amended rule would also clarify that if the end of the designated period to act or respond (even if extended) falls on a noncourt day, the period to act or respond is extended only to the next court day.
Attachment A is a redline of the proposed amendments, showing changes from current rule 5.28. Attachment B is a clean version of the proposed amendments to rule 5.28. The Code of Civil Procedure sections cross-referenced in the rule are included for reference as Attachment E.
Rule 5.127: Private Reprovals
To address revisions to the Office of Chief Trial Counsel’s authority under Senate Bill 40, the amendment repeals sections of the current rule pertaining to private reprovals issued before a Notice of Disciplinary Charges. The amendment also revises the current “Public Reproval” subsection to include private reprovals, thus making all private reprovals disclosable in response to public inquiries and reported as part of an attorney’s public discipline record.
Standard 1.2 (Definitions)
The amended rule would repeal the definition of “Private Reproval” and include the definition of the term with the current definition of “Public Reproval.”
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Board of Trustees, sitting as the Regulation and Discipline Committee
December 18, 2024, 11:59 p.m.