Report 2020-030 Recommendation Responses
Report 2020-030: The State Bar of California: It Is Not Effectively Managing Its System for Investigating and Disciplining Attorneys Who Abuse the Public Trust (Release Date: April 2021)
Recommendation for Legislative Action
To clarify state law and provide more transparency regarding the nature of the existing backlog of discipline cases, the Legislature should revise state law to remove Business and Professions Code section 6140.2, which has similar requirements for the State Bar's goals and policies for timely case processing but omits the State Bar's authority to designate complicated matters.
Description of Legislative Action
SB 211 (Chapter 723, Statutes of 2021) revises the goal and policy of the State Bar as it relates to complaints alleging attorney misconduct and requires, among other things, the State Bar to propose, no later than October 31, 2022, case processing standards for competently, accurately, and timely resolving cases within the trial counsel's office. This provision states that it is also the goal and policy of the State Bar, as to complaints designated as complicated matters by the trial counsel's office, to dismiss a complaint, admonish the attorney, or have the trial counsel's office file formal charges within 12 months after it receives a complaint alleging attorney misconduct.
- Legislative Action Current As-of: October 2021
California State Auditor's Assessment of 6-Month Status: Legislation Enacted
Description of Legislative Action
As of June 29, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: June 2021