Report 2022-030 Recommendation 5 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 #5 To: Bar of California, State

The State Bar should notify the public on its website when other jurisdictions have determined that an attorney who is also licensed in California presents a substantial threat of harm to the public.

6-Month Agency Response

At its July 2022 meeting, the Board of Trustees adopted a revised policy for posting on the State Bar's website of notices regarding disciplinary actions by other jurisdictions as follows: (1) a consumer alert when another jurisdiction has imposed an interim suspension or involuntary inactive status (or its equivalent) pending that jurisdiction's final determination regarding discipline; (2) a consumer alert when another jurisdiction has made a finding that the attorney should be suspended or disbarred, even if that finding remains subject to review or appeal; (3) a consumer alert when another jurisdiction has issued a final order for suspension or disbarment, even if the State Bar has not yet filed a notice of disciplinary charges based on that final order; and (4) a notation when another jurisdiction has issued a final order imposing discipline less than suspension or disbarment, even if the State Bar has not yet filed a notice of disciplinary charges based on that final order. See submitted supporting documents: July 2022 Board Agenda Item 704; September 2022 Board Agenda Item 10.

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

60-Day Agency Response

Staff proposed a policy for posting of consumer notices at the Board of Trustee's May 2022 meeting. Two Trustees are working with the Chief Trial Counsel to finalize the policy for proposed adoption at the Board's July 2022 meeting.

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

We look forward to reviewing the policy for posting these notices once it is adopted.

All Recommendations in 2022-030

Agency responses received are posted verbatim.