Report 2015-047 Recommendation 2 Responses
Report 2015-047: The State Bar of California: Its Lack of Transparency Has Undermined Its Communications With Decision Makers and Stakeholders (Release Date: May 2016)
Recommendation #2 To: Bar of California, State
To ensure that it maximizes its cost-recovery efforts related to the Client Security Fund, the State Bar should adopt a policy to file for money judgments against disciplined attorneys for all eligible amounts as soon as possible after courts settle the discipline cases.
Annual Follow-Up Agency Response From July 2019
After reviewing a cost-effectiveness of filing judgments for the purpose of debt collection, the Board of Trustees adopted a policy to file superior court judgments only in cases where property owned by the debtor is identified.
- Completion Date: January 2019
California State Auditor's Assessment of Annual Follow-Up Status: Resolved
The State Bar made a policy decision to not file money judgments for all eligible amounts unless it identifies existing property owned by the disciplined attorney. The State Bar determined that filing money judgments for all discipline cases is not cost effective. However, the State Bar also began participating in the Franchise Tax Board's Court Ordered Debt Program in 2019, which it expects will improve collection results.
Annual Follow-Up Agency Response From October 2018
The State Bar has implemented a protocol for filing judgments for all eligible cases, and has assigned dedicated staff to this activity. We are in the process of evaluating the cost-effectiveness of this work, and will implement a written policy by the end of the year.
- Estimated Completion Date: December 2018
California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented
The State Bar asserts that it is now filing judgments for all eligible cases, however, it has not provided us with an adopted policy to file for money judgments for all eligible amounts as soon as possible after courts settle discipline cases.
1-Year Agency Response
The State Bar is filing judgments for all eligible cases. Dedicated staff have been assigned to this activity.
- Completion Date: February 2017
- Response Date: May 2017
California State Auditor's Assessment of 1-Year Status: Partially Implemented
The State Bar asserts that it is now filing judgments for all eligible cases, however, it has not provided us with an adopted policy to file for money judgments for all eligible amounts as soon as possible after courts settle discipline cases.
6-Month Agency Response
No change from previous submission.
- Estimated Completion Date: 6/30/17
- Response Date: November 2016
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
Under the direction of the State Bar's General Counsel, dedicated staff are now addressing a backlog of judgment filings covering a several year period during which the Bar had put such work on a hiatus; while the State Auditor's recommendation may in fact be appropriate, a cost benefit analysis of the current effort should be conducted prior to adoption of a policy regarding universal judgment filing.
- Estimated Completion Date: 12/31/2016
- Response Date: July 2016
California State Auditor's Assessment of 60-Day Status: Pending
All Recommendations in 2015-047
Agency responses received are posted verbatim.