Report 2022-030 Recommendation 3 Responses
Report 2022-030: The State Bar of California's Attorney Discipline Process: Weak Policies Limit Its Ability to Protect the Public From Attorney Misconduct (Release Date: April 2022)
Recommendation #3 To: Bar of California, State
To ensure that it uses nonpublic measures to close complaints only when such use is consistent and appropriate, the State Bar should revise its policies by October 2022 to define specific criteria that describe which cases are eligible to be closed using nonpublic measures and which are not eligible.
1-Year Agency Response
Effective October 31, 2022, the Office of Chief Trial Counsel (OCTC) put in place a revised policy governing use of nonpublic measures to close complaints that defines specific criteria that describe which cases are and are not eligible to be closed using nonpublic measures and, for cases that are eligible, how discretion should be exercised in determining whether closure with a nonpublic measure is appropriate. OCTC presented a summary of its new policy to the Board of Trustees at its January 2023 meeting.
- Completion Date: October 2022
- Response Date: April 2023
California State Auditor's Assessment of 1-Year Status: Fully Implemented
6-Month Agency Response
The State Bar has identified and assessed factors to specify eligibility criteria for nonpublic alternatives to discipline and is drafting revised guidance for exercise of staff discretion in use of these alternatives.
- Estimated Completion Date: October 31, 2022
- Response Date: October 2022
California State Auditor's Assessment of 6-Month Status: Pending
We will assess the State Bar's progress toward implementing this recommendation upon the submission of its revised guidance.
60-Day Agency Response
The State Bar is currently identifying and assessing factors to be used to specify eligibility criteria for nonpublic alternatives to discipline after which it will turn to revising guidance for exercise of staff discretion in use of these alternatives.
- Estimated Completion Date: October 2022
- Response Date: June 2022
California State Auditor's Assessment of 60-Day Status: Pending
We look forward to reviewing the State Bar's revised guidance after it is finalized.
All Recommendations in 2022-030
Agency responses received are posted verbatim.