Report 2020-030 Recommendation 9 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 #9 To: Bar of California, State

To reduce its backlog of discipline cases and ensure that it has appropriately allocated resources to all phases of its discipline process, the State Bar should work with the Legislature to establish the backlog measure and goal it develops and recommends, and to revise its reporting requirements accordingly. If necessary, the State Bar should also request the additional resources required to meet the goal.

Annual Follow-Up Agency Response From November 2024

On October 28, 2022, the State Bar submitted a report to the Legislative Analyst's Office (LAO), as directed by Bus. & Prof. Code Section 6094.5, proposing new case processing standards. The LAO conducted its review of the report and provided its analysis to the Legislature. The Legislature has not made an attempt to codify these proposed case processing standards or other standards. The State Bar followed up with a progress update on the performance of the Office of Chief Trial Counsel as compared to the proposed case processing standards on April 1, 2024, as required by B&P Section 6145.1(b). As part of this report, and the Justification for a Fee Increase Report submitted the same day, the State Bar requested funding for the staffing needed to meet the case processing standards.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

The State Bar has fully implemented this recommendation. In 2022 the State Bar submitted a proposal to the Legislature on case processing standards it could adopt, in accordance with SB211. In April 2024, the State Bar submitted a licensing fee increase request, which included a request for additional funding that would add positions for work associated with addressing OCTC's case backlog and to achieve the proposed case processing standards.

Annual Follow-Up Agency Response From October 2022

A report proposing new case processing standards, including proposed backlog metrics and goals, will be submitted to the Legislature by October 31, 2022. Once approved by the Legislature, staff will work with legislative staff to revise reporting requirements associated with these standards.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

We look forward to reviewing the State Bar's actions to implement this recommendation, pending the Legislature's feedback on its proposed backlog measure and goal.

1-Year Agency Response

The new case processing standards under development will, by definition, articulate a new backlog standard. Once approved by the Legislature, staff will work with legislative staff to revise reporting requirements associated with these standards.

California State Auditor's Assessment of 1-Year Status: Pending

We look forward to reviewing the results of State Bar's work with the Legislature.

6-Month Agency Response

Senate Bill 211 requires that the State Bar develop new case processing standards, estimate the resources needed to achieve these goals, and present that analysis to the Legislative Analyst's Office. Under Senate Bill 211, the Legislative Analyst's Office is then required to report on its review to the Senate and Assembly Committees. Working with the Legislature to revise the reporting requirements and secure additional resources needed to meet the case processing standards will depend on the outcome of the Legislative Analyst's review.

California State Auditor's Assessment of 6-Month Status: Pending

We look forward to reviewing the results of State Bar's work with the Legislative Analyst's Office.

60-Day Agency Response

On June 21, 2021 the State Bar presented legislative staff with proposed case-processing time standards in lieu of the current static backlog measure that looks at a single point in time. The proposal is derived from the civil case processing standards that apply to trial courts. Conversations will continue regarding this proposal and the statutory changes that would be required to implement it. Further conversations will be held in the coming weeks.

California State Auditor's Assessment of 60-Day Status: Pending

The State Bar provided a draft proposal for discipline case processing goals. We look forward to reviewing the State Bar's efforts to collaborate with the Legislature in implementing the proposal.

All Recommendations in 2020-030

Agency responses received are posted verbatim.