text:
(a) The Supreme Court shall appoint five attorney members of the board pursuant to a process that the Supreme Court may prescribe. These attorney members shall serve for a term of four years and may be reappointed by the Supreme Court for one additional term only.

(b) The Supreme Court shall fill any vacancy in the term of, and make any reappointment of, any appointed attorney member.

(c) When making appointments to the board, the Supreme Court should consider appointing attorneys that represent the following categories: legal services; small firm or solo practitioners; historically underrepresented groups, including consideration of race, ethnicity, gender, and sexual orientation; and legal academics. In making appointments to the board, the Supreme Court should also consider geographic distribution, years of practice, particularly attorneys who are within the first five years of practice or 36 years of age and under, and participation in voluntary local or state bar activities.

(d) The State Bar shall be responsible for carrying out the administrative responsibilities related to the appointment process described in subdivision (a).

history: (History: Amended by Stats. 2025, Ch. 405, Sec. 2. (SB 253) Effective January 1, 2026.)

article: 2. Administration


kind: section

code: BPC

text:
(a) One attorney member of the board shall be appointed by the Senate Committee on Rules and one attorney member of the board shall be appointed by the Speaker of the Assembly.

(b) An attorney member appointed pursuant to this section shall serve for a term of four years. Vacancies shall be filled for the remainder of the term. An appointed attorney member may be reappointed pursuant to this section.

history: (History: Amended by Stats. 2017, Ch. 422, Sec. 10. (SB 36) Effective January 1, 2018.)

division: 3. PROFESSIONS AND VOCATIONS GENERALLY

chapter: 4. Attorneys

article: 2. Administration

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 4. Attorneys > 2. Administration


text:
(a) Effective January 1, 2018, a maximum of six members of the board shall be members of the public who have never been licensees of the State Bar or admitted to practice before any court in the United States.

(b) Each of these members shall serve for a term of four years. Vacancies shall be filled for the remainder of the term.

(c) Effective January 1, 2018, one public member shall be appointed by the Senate Committee on Rules and one public member shall be appointed by the Speaker of the Assembly.

(d) Four public members shall be appointed by the Governor, subject to the confirmation of the Senate.

(e) Each respective appointing authority shall fill any vacancy in and make any reappointment to each respective office.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 16. (AB 3249) Effective January 1, 2019.)

article: 2. Administration


text: Subdivision (c) of Section 450 and Sections 450.2 to 450.6, inclusive, shall apply to public members appointed or reappointed on or after January 1, 2012.

history: (History: Amended by Stats. 2022, Ch. 569, Sec. 2. (AB 156) Effective September 27, 2022.)

article: 2. Administration


text:
(a) Except as provided in subdivision (b), any full-time employee of any public agency who serves as a member of the Board of Trustees of the State Bar of California shall not suffer any loss of rights, promotions, salary increases, retirement benefits, tenure, or other job-related benefits, which he or she would otherwise have been entitled to receive.

(b) Notwithstanding the provisions of subdivision (a), any public agency which employs a person who serves as a member of the Board of Trustees of the State Bar of California may reduce the employee’s salary, but no other right or job-related benefit, pro rata to the extent that the employee does not work the number of hours required by statute or written regulation to be worked by other employees of the same grade in any particular pay period and the employee does not claim available leave time. The employee shall be afforded the opportunity to perform job duties during other than regular working hours if such a work arrangement is practical and would not be a burden to the public agency.

(c) The Legislature finds that service as a member of the Board of Trustees of the State Bar of California by a person employed by a public agency is in the public interest.

history: (History: Amended by Stats. 2011, Ch. 417, Sec. 18. (SB 163) Effective January 1, 2012.)

article: 2. Administration


citation: BPC § 6015

text:
No person is eligible for attorney membership on the board unless both of the following conditions are satisfied:

(a) He or she is an active licensee of the State Bar.

(b) Either:

(1) Prior to October 31, 2020, if elected, he or she maintains his or her principal office for the practice of law within the State Bar district from which he or she is elected.

(2) If appointed by the Supreme Court or the Legislature, he or she maintains his or her principal office for the practice of law within the State of California.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 17. (AB 3249) Effective January 1, 2019.)

article: 2. Administration


citation: BPC § 6016

text:
(a) The term of office of each attorney member of the board shall be four years. Vacancies shall be filled for the remainder of the term.

(b) The board of trustees may provide by rule for an interim board to act in the place and stead of the board when because of vacancies during terms of office there is less than a quorum of the board.

(c) The time served during the remainder of a midterm vacancy by any member appointed to fill that vacancy shall not count toward any term limits for the member filling the vacancy.

history: (History: Amended by Stats. 2022, Ch. 419, Sec. 2. (AB 2958) Effective September 18, 2022.)

article: 2. Administration


text:
(a) Each appointing authority may remove from office at any time any member of the board appointed by that authority for continued neglect of duties required by law, or for incompetence or unprofessional or dishonorable conduct.

(b) Nothing in this section shall be construed as a limitation or restriction on the power of the appointing authority conferred on the appointing authority by any other provision of law to remove any member of the board.

(c) As used in this section, “appointing authority” means the person or entity with authority to make an appointment to the board as provided in this article.

history: (History: Added by Stats. 2024, Ch. 227, Sec. 2. (AB 3279) Effective January 1, 2025.)

article: 2. Administration


citation: BPC § 6019

text: Each place upon the board for which a member is to be appointed shall for the purposes of the appointment be deemed a separate office.

history: (History: Amended by Stats. 2017, Ch. 422, Sec. 15. (SB 36) Effective January 1, 2018.)

article: 2. Administration


citation: BPC § 6020

text: The officers of the State Bar are a chair, a vice chair, and a secretary.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 19. (AB 3249) Effective January 1, 2019.)

article: 2. Administration


citation: BPC § 6021

text:
(a) The selection of the chair and vice chair of the board shall be made by appointment of the Supreme Court.

(b) The chair and the vice chair shall each be appointed for a term not to exceed two years. The chair and vice chair shall assume the duties of their respective offices at the conclusion of the September meeting following their appointment. The chair and vice chair shall not serve more than two terms, except that a chair or vice chair who is appointed to fill a vacancy for the balance of a term is eligible to serve two full terms in addition to the remainder of the term for which they were appointed.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 8. (SB 40) Effective January 1, 2024.)

article: 2. Administration


citation: BPC § 6023

text: The officers of the State Bar shall continue in office until their successors are appointed or selected.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 21. (AB 3249) Effective January 1, 2019.)

article: 2. Administration


citation: BPC § 6024

text:
The chair shall preside at all meetings of the State Bar and of the board, and in the event of his or her absence or inability to act, the vice chair shall preside.

Other duties of the chair and the vice chair, and the duties of the secretary, shall be such as the board may prescribe.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 22. (AB 3249) Effective January 1, 2019.)

article: 2. Administration


citation: BPC § 6025

text: Subject to the laws of this state, the board may formulate and declare rules and regulations necessary or expedient for the carrying out of this chapter.

history: (History: Amended by Stats. 2019, Ch. 698, Sec. 4. (SB 176) Effective January 1, 2020.)

article: 2. Administration


text:
(a) The State Bar is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and all meetings of the State Bar are subject to the Bagley-Keene Open Meeting Act.

(b) Notwithstanding any other law, the Bagley-Keene Open Meeting Act shall not apply to the Judicial Nominees Evaluation Commission or the State Bar Court.

(c) In addition to the grounds authorized in the Bagley-Keene Open Meeting Act, a closed session may be held for those meetings, or portions thereof, relating to any of the following:

(1) Appeals from decisions of the Board of Legal Specialization refusing to certify or recertify an applicant or suspending or revoking a specialist’s certificate.

(2) The preparation of examination materials, the approval, the grading, or the security of test administration of examinations for certification of a specialist.

(3) The preparation of examination materials, the approval, the grading, or the security of test administration of the California Bar Examination or the First-Year Law Students’ Examination.

(4) Matters related to the Committee of Bar Examiners’ consideration of moral character, including allegations of criminal or professional misconduct, competence, or physical or mental health of an individual, requests by applicants for testing accommodations in connection with an application for admission to practice law, or appeals of the Committee of Bar Examiners’ determinations.

(5) Information about a law school’s operations that constitutes a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code.

(6) Matters related to the board’s consideration of waiving confidentiality related to records of disciplinary proceedings under subdivision (c) of Section 6086.1.

(d) Notwithstanding subdivision (e) of Section 11125.7 of the Government Code, the State Bar shall accept public comment in open session on all matters that are agendized for discussion or decision by the board of trustees, whether in an open or a closed session.

(e) The Committee of Bar Examiners shall not be considered an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body, as described in Section 11123.5 of the Government Code, for purposes of the Bagley-Keene Open Meeting Act.

history: (History: Amended by Stats. 2025, Ch. 405, Sec. 3. (SB 253) Effective January 1, 2026.)

article: 2. Administration


text: The State Bar is subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and all public records and writings of the State Bar are subject to the California Public Records Act.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 13. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 2. Administration


citation: BPC § 6027

text: Special meetings of the State Bar may be held at such times and places as the board provides.

history: (History: Added by Stats. 1939, Ch. 34.)

article: 2. Administration


citation: BPC § 6028

text:
(a) The board may make appropriations and disbursements from the funds of the State Bar to pay all necessary expenses for effectuating the purposes of this chapter.

(b) Except as provided in subdivision (c), no member of the board shall receive any other compensation than his or her necessary expenses connected with the performance of his or her duties as a member of the board.

(c) Public members of the board appointed pursuant to the provisions of Section 6013.5 and public members of the examining committee appointed pursuant to Section 6046.5 shall receive, out of funds appropriated by the board for this purpose, fifty dollars ($50) per day for each day actually spent in the discharge of official duties, but in no event shall this payment exceed five hundred dollars ($500) per month. In addition, these public members shall receive, out of funds appropriated by the board, necessary expenses connected with the performance of their duties.

history: (History: Amended by Stats. 2004, Ch. 529, Sec. 2. Effective January 1, 2005.)

article: 2. Administration


citation: BPC § 6029

text:
(a) The board may appoint such committees, officers and employees as it deems necessary or proper, and fix and pay salaries and necessary expenses.

(b) The members of the executive committee of the board shall include at least one board member appointed by each of the following appointing authorities:

(1) The Supreme Court.

(2) The Governor.

(3) The Speaker of the Assembly.

(4) The Senate Committee on Rules.

history: (History: Amended by Stats. 2017, Ch. 422, Sec. 20. (SB 36) Effective January 1, 2018.)

article: 2. Administration


citation: BPC § 6030

text: The board shall be charged with the executive function of the State Bar and the enforcement of the provisions of this chapter. The violation or threatened violation of any provision of Articles 7 (commencing with Section 6125) and 9 (commencing with Section 6150) of this chapter may be enjoined in a civil action brought in the superior court by the State Bar and no undertaking shall be required of the State Bar.

history: (History: Amended by Stats. 1961, Ch. 2033.)

article: 2. Administration


citation: BPC § 6031

text:
(a) The board may aid in all matters pertaining to the advancement of the science of jurisprudence or to the improvement of the administration of justice.

(b) Notwithstanding this section or any other law, the board shall not conduct or participate in, or authorize any committee, agency, employee, or commission of the State Bar to conduct or participate in any evaluation, review, or report on the qualifications, integrity, diligence, or judicial ability of any specific justice of a court provided for in Section 2 or 3 of Article VI of the California Constitution without prior review and statutory authorization by the Legislature.

The provisions of this subdivision shall not be construed to prohibit a licensee of the State Bar from conducting or participating in such an evaluation, review, or report in his or her individual capacity.

The provisions of this subdivision shall not be construed to prohibit an evaluation of potential judicial appointees or nominees as authorized by Section 12011.5 of the Government Code.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 23. (AB 3249) Effective January 1, 2019.)

article: 2. Administration


text:
(a) The California Lawyers Association and its activities shall not be funded with mandatory fees collected pursuant to subdivision (a) of Section 6140.

The State Bar may provide the California Lawyers Association with administrative and support services, provided the California Lawyers Association agrees, before such services are provided, to the nature, scope, and cost of those services. The State Bar shall be reimbursed for the full cost of those services out of funds collected pursuant to subdivision (b) or funds provided by the California Lawyers Association. The financial audit specified in Section 6145 shall confirm that the amount assessed by the State Bar for providing the services reimburses the costs of providing them, and shall verify that mandatory fees are not used to fund the California Lawyers Association. The State Bar and the California Lawyers Association may also contract for other services provided by the State Bar or by the California Lawyers Association.

(b) Notwithstanding any other law, the State Bar shall collect fees for the California Lawyers Association provided the Board of Trustees of the State Bar determines that the California Lawyers Association continues to serve a public purpose by providing the services described in subdivision (f) of Section 6056. The California Lawyers Association shall pay for the actual costs of the collection.

(c) (1) Notwithstanding any other law, the State Bar is expressly authorized to collect, in conjunction with the State Bar’s collection of its annual license fees up to and through the collection of fees authorized for the year 2019, voluntary fees or donations on behalf of the Conference of Delegates of California Bar Associations, the independent nonprofit successor entity to the former Conference of Delegates of the State Bar which has been incorporated for the purposes of aiding in matters pertaining to the advancement of the science of jurisprudence or to the improvement of the administration of justice, and to convey any unexpended voluntary fees or donations previously made to the Conference of Delegates of the State Bar pursuant to this section to the Conference of Delegates of California Bar Associations. The Conference of Delegates of California Bar Associations shall pay for the cost of the collection. The State Bar and the Conference of Delegates of California Bar Associations may also contract for other services. The financial audit specified in Section 6145 shall confirm that the amount of any contract shall fully cover the costs of providing the services, and shall verify that mandatory fees are not used to fund any successor entity.

(2) The Conference of Delegates of California Bar Associations, which is the independent nonprofit successor entity to the former Conference of Delegates of the State Bar as referenced in paragraph (1), is a voluntary association, is not a part of the State Bar of California, and shall not be funded in any way through mandatory fees collected by the State Bar of California. Any contribution or membership option included with a State Bar of California mandatory fees billing statement shall include a statement that the Conference of Delegates of California Bar Associations is not a part of the State Bar of California and that membership in that organization is voluntary.

(3) This subdivision shall become inoperative on January 1, 2020.

history: (History: Amended by Stats. 2024, Ch. 227, Sec. 3. (AB 3279) Effective January 1, 2025.)

article: 2. Administration


citation: BPC § 6032

text: Notwithstanding any other law, the State Bar is expressly authorized to collect, in conjunction with the State Bar’s collection of its annual license fees, voluntary fees on behalf of and for the purpose of funding the California Supreme Court Historical Society, which advances the science of jurisprudence by preserving and disseminating to the general public the history of the Supreme Court and the Judicial Branch.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 25. (AB 3249) Effective January 1, 2019.)

article: 2. Administration


text: Notwithstanding any other law, the State Bar is expressly authorized to collect, in conjunction with the State Bar’s collection of its annual license fees, voluntary donations on behalf of and for the purpose of funding California ChangeLawyers, which promotes a better justice system for all Californians.

history: (History: Added by Stats. 2019, Ch. 698, Sec. 6. (SB 176) Effective January 1, 2020.)

article: 2. Administration


text:
(a) The Public Interest Attorney Loan Repayment Account is hereby established within the State Treasury.

(b) Funds from an IOLTA account that escheat to the state and are deposited into the Public Interest Attorney Loan Repayment Account pursuant to subdivision (c) of Section 1564.5 of the Code of Civil Procedure shall be used, upon appropriation by the Legislature, by the Student Aid Commission for the purpose of providing increased funding for, both the administration of and the provision of loan assistance pursuant to, the Public Interest Attorney Loan Repayment Program pursuant to Article 12 (commencing with Section 69740) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code.

history: (History: Added by Stats. 2015, Ch. 488, Sec. 1. (SB 134) Effective January 1, 2016.)

article: 2. Administration


citation: BPC § 6033

text:
(a) Notwithstanding any other law, the State Bar is expressly authorized to facilitate the professional responsibilities of licensees by collecting, in conjunction with the State Bar’s collection of its annual license fees or otherwise, voluntary financial support for nonprofit organizations that provide free legal services to persons of limited means. All funds received for programs related to this section shall be distributed to qualified legal services projects and support centers as provided in Section 6216 without deduction for administrative fees, costs, or expenses by the State Bar. Any fees, costs, or expenses associated with administering this section shall be absorbed within the costs allowed by and paid from the funds specified in Section 6216.

(b) To implement this section, the State Bar, in consultation with the Chief Justice of California, shall appoint a task force of key stakeholders to analyze the mechanisms and experience of bar associations that have adopted programs for the collection of financial contributions from bar licensees and shall propose an appropriate method for facilitating the collection and distribution of voluntary contributions that is best calculated to generate the greatest level of financial support and participation from State Bar licensees, taking into account such issues as the justice-gap between the legal needs of low-income people in California and the legal resources available to assist them. The method and any recommended voluntary contribution amount adopted by the Board of Trustees of the State Bar of California shall be implemented for the 2008 fiscal year, and shall be reviewed and adjusted as needed after two years and, thereafter, every five years as needed, in consultation with affected service providers and other key stakeholders.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 26. (AB 3249) Effective January 1, 2019.)

article: 2. Administration


citation: BPC § 6034

text:
(a) The State Bar of California is authorized and directed to participate as a state agency in the Interagency Intercept Collections Program established pursuant to Section 12419.2 of the Government Code for the collection of any unpaid amounts owed to the State Bar of California, including any fine, penalty, assessment, cost, or reimbursement imposed under Section 6086.10, subdivision (c) of Section 6140.5, and any other applicable law. All funds received by the State Bar of California shall be allocated for the purposes established pursuant to Section 6033.

(b) This section shall become operative on January 1, 2026.

history: (History: Repealed (in Sec. 4) and added by Stats. 2024, Ch. 227, Sec. 5. (AB 3279) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)

article: 2. Administration


text:
(a) Any entity of the State Bar of California exploring a regulatory sandbox shall do all of the following:

(1) Prioritize protecting individuals, especially those in need of legal assistance, from unscrupulous actors, including those actors seeking to do business in the legal field, above all else.

(2) Prioritize increasing access to justice for persons who qualify for legal assistance from qualified legal services organizations or from State Department of Social Services-funded immigration legal services.

(3) Exclude corporate ownership of law firms and splitting legal fees with nonlawyers, which has historically been banned by common law and statute due to grave concerns that it could undermine consumer protection by creating conflicts of interests that are difficult to overcome and fundamentally infringe on the basic and paramount obligations of attorneys to their clients.

(4) Adhere to, and not propose any abrogation of, the restrictions on the unauthorized practice of law, including, but not limited to, Sections 13405 and 16951 of the Corporations Code.

(b) This section does not limit the State Bar’s ability to provide limited practice licenses to law students and law graduates under certain conditions, and with the supervision of an active State Bar-licensed attorney.

(c) This section does not limit the examination of the use of technology to increase access to justice for persons who qualify for legal assistance from qualified legal services organizations or from State Department of Social Services-funded immigration legal services, low-income individuals, and small businesses, so long as proposals adhere to, and do not propose any abrogation of, the restrictions on the unauthorized practice of law, including, but not limited to, Sections 13405 and 16951 of the Corporations Code.

(d) This section does not preclude the State Bar from seeking feedback from legal services organizations, including organizations that provide legal services in family law and immigration law, community-based organizations, and consumers about options for increasing access to legal services.

(e) The State Bar shall not expend any funds, regardless of the source, on activities that do not meet the requirements of this section.

(f) This section shall become operative on January 1, 2025.

history: (History: Repealed (in Sec. 3) and added by Stats. 2022, Ch. 419, Sec. 4. (AB 2958) Effective September 18, 2022. Operative January 1, 2025, by its own provisions.)

article: 2. Administration


citation: BPC § 6035

text: Unless the contrary is stated or clearly appears from the context, the definitions set forth in Chapter 2 (commencing with Section 82000) of Title 9 of the Government Code shall govern the interpretation of this article.

history: (History: Added by Stats. 1978, Ch. 752.)

article: 2.5. Conflicts of Interest

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 4. Attorneys > 2.5. Conflicts of Interest


citation: BPC § 6036

text:
(a) Any member of the board of trustees shall disqualify themself from making, participating in the making of, or attempting to influence any decisions of the State Bar in which the member has a financial interest, as that term is defined in Section 87103 of the Government Code, that it is reasonably foreseeable may be affected materially by the decision.

(b) Any member of the board of trustees shall likewise disqualify themself when there exists a personal interest that may prevent the member from applying disinterested skill and undivided loyalty to the State Bar in making or participating in the making of decisions.

(c) Notwithstanding subdivisions (a) and (b), no member shall be prevented from making or participating in the making of any decision to the extent that the member’s participation is legally required for the action or decision to be made. The fact that a member’s vote is needed to break a tie does not make the member’s participation legally required for the purposes of this section.

(d) A member required to disqualify themself because of a conflict of interest shall (1) immediately disclose the interest, (2) withdraw from any participation in the matter, (3) refrain from attempting to influence another member, and (4) refrain from voting. It is sufficient for the purpose of this section that the member indicate only that the member has a disqualifying financial or personal interest.

(e) For purposes of this article and unless otherwise specified, “member” means any appointed or elected member of the board of trustees.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 10. (SB 40) Effective January 1, 2024.)

article: 2.5. Conflicts of Interest


citation: BPC § 6037

text: No action or decision of the State Bar shall be invalid because of the participation therein by a member or members of the board of trustees in violation of Section 6036. However, any member who intentionally violates the provisions of subdivision (a) of Section 6036 is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding five days, or by a fine not exceeding one thousand dollars ($1,000), or by both, and, if the member is an attorney member of the board, a certified copy of the record of conviction shall be transmitted to the Supreme Court for disposition as provided in Sections 6101 and 6102. Upon entry of final judgment of conviction, the member’s term of office on the board of trustees, and duties and authority incidental thereto, shall automatically terminate. Any member who intentionally violates the provisions of subdivision (b) of Section 6036 shall be liable for a civil penalty not to exceed five hundred dollars ($500) for each violation, which shall be assessed and recovered in a civil action in a court of competent jurisdiction brought in the name of the state only by a district attorney of a county in which the member resides or maintains offices and the penalty collected shall be paid to the treasurer of that county.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 11. (SB 40) Effective January 1, 2024.)

article: 2.5. Conflicts of Interest


citation: BPC § 6038

text: Attorney members of the Judicial Council, members of the Commission on Judicial Performance who are not judges, and employees designated in the Conflict of Interest Code of the State Bar of California are subject to provisions of this article with respect to making, participating in the making, or attempting to influence, governmental decisions of their respective state agencies other than decisions of a judicial or quasi-judicial nature.

history: (History: Added by Stats. 1984, Ch. 727, Sec. 1. Operative July 1, 1985, by Sec. 12 of Ch. 727.)

article: 2.5. Conflicts of Interest


text:
(a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor.

(b) The State Bar may, in its discretion, notify the appropriate district attorney or city attorney that a person has filed what the State Bar believes to be a false and malicious report or complaint against an attorney and recommend prosecution of the person under subdivision (a).

history: (History: Added by Stats. 1990, Ch. 1639, Sec. 2.)

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 4. Attorneys > 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings


citation: BPC § 6044

text:
The chief trial counsel, with or without the filing or presentation of any complaint, may initiate and conduct investigations of all matters affecting or relating to:

(a) The discipline of the licensees of the State Bar.

(b) The acts or practices of a person whom the chief trial counsel has reason to believe has violated or is about to violate any provision of Articles 7 (commencing with Section 6125) and 9 (commencing with Section 6150) of this chapter.

(c) Any other matter within the jurisdiction of the State Bar.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 32. (AB 3249) Effective January 1, 2019.)

article: 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings


text:
(a) When an investigation or formal proceeding concerns alleged misconduct which may subject a licensee to criminal prosecution for any felony, or any lesser crime committed during the course of the practice of law, or in any manner that the client of the licensee was a victim, or may subject the licensee to disciplinary charges in another jurisdiction, the State Bar shall disclose, in confidence, information not otherwise public under this chapter to the appropriate agency responsible for criminal or disciplinary enforcement or exchange that information with that agency.

(b) The Chief Trial Counsel or designee may disclose, in confidence, information not otherwise public under this chapter as follows:

(1) To government agencies responsible for enforcement of civil and criminal laws or for professional licensing of individuals.

(2) To members of the Judicial Nominees Evaluation Commission or a review committee thereof as to matters concerning nominees in any jurisdiction.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 33. (AB 3249) Effective January 1, 2019.)


citation: BPC § 6046

text:
The board may establish an examining committee having the power:

(a) To examine all applicants for admission to practice law.

(b) To administer the requirements for admission to practice law.

(c) To certify to the Supreme Court for admission those applicants who fulfill the requirements provided in this chapter.

The examining committee shall be comprised of 19 members, 10 of whom shall be licensees of the State Bar or judges of courts of record in this state and nine of whom shall be public members who have never been licensees of the State Bar or admitted to practice before any court in the United States. At least one of the attorney members shall have been admitted to practice law in this state within three years from the date of the member’s appointment to the examining committee.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 35. (AB 3249) Effective January 1, 2019.)


text:
(a) On or before November 30, 2026, the Committee of Bar Examiners shall provide a report to the board of trustees, the Chief Justice of the California Supreme Court, and to the Assembly and Senate Committees on Judiciary pursuant to Section 9795 of the Government Code on whether adopting a uniform bar examination, including, but not limited to, the National Conference of Bar Examiners’ Uniform Bar Examination or any successor or replacement of that exam, would be more efficient to administer and lower the cost of administration for the State Bar and examinees.

(b) This section is repealed on January 1, 2030, pursuant to Section 10231.5 of the Government Code.

history: (History: Added by Stats. 2025, Ch. 155, Sec. 1. (AB 484) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)


text: Three of the public members of the examining committee shall be appointed by the Senate Rules Committee, three of the public members shall be appointed by the Speaker of the Assembly, and three of the public members shall be appointed by the Governor. They shall serve for a term of four years, except that of the initial public members so appointed, two shall serve for two years and four shall serve for four years, as shall be determined by lot. The public members appointed pursuant to the amendment of this section during the 1987–88 Regular Session of the Legislature shall serve for four years. The public members shall have the same rights, powers, and privileges as any attorney member except that such a member shall not participate in the drafting of questions submitted to applicants on the California bar examination.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 36. (AB 3249) Effective January 1, 2019.)


text:
(a) (1) (A) The Committee of Bar Examiners shall not alter the bar examination in a manner that requires the substantial modification of the training or preparation required for passage of the examination, except after giving two years’ notice of that change.

(B) This requirement does not apply to a change in the bar examination that is applicable only at the option of the applicant.

(2) The Committee of Bar Examiners shall not change the vendor or creator of the multiple choice questions except after giving 18 months’ notice of that change. This paragraph shall not apply to the vendor of multiple choice questions used for the July 2025 bar examination.

(3) The Committee of Bar Examiners shall not authorize a remote administration of the bar examination except after giving two years’ notice of that change.

(b) The Committee of Bar Examiners shall communicate and cooperate with the Law School Council and deans, or their designees, of law schools approved by the American Bar Association or the Committee of Bar Examiners.

(c) Scaling may be used on the bar examination for the purpose of maintaining an examination of uniform difficulty from year to year.

(d) (1) Any alteration to the bar examination that constitutes either of the following shall require at least 120 days notice:

(A) Changes that affect the user experience with testing software.

(B) Changes to the medium in which testing materials are provided.

(2) The notice requirement shall not apply to updates to the software necessary for any of the following:

(A) To satisfy bar examination security requirements.

(B) To ensure compatibility with new or updates to operating systems, chipsets, or hardware.

(C) To comply with web content accessibility guidelines or otherwise make the software more accessible.

(D) To improve efficiency of the system architecture.

(3) The notice requirement shall not apply to a change in the bar examination that is applicable only at the option of the applicant.

(e) The Committee of Bar Examiners shall provide notice if artificial intelligence is used in creating questions for the bar examination or grading of the bar examination.

(f) The changes made to subdivision (a) by the act that added this subdivision are to apply to any changes made from the July 2025 bar examination.

history: (History: Amended by Stats. 2025, Ch. 405, Sec. 4. (SB 253) Effective January 1, 2026.)


text:
(a) Notwithstanding any other law, the examining committee shall be responsible for the approval, regulation, and oversight of degree-granting unaccredited law schools that meet both of the following:

(1) Award the juris doctor (J.D.) professional degree in California.

(2) Are not approved by the American Bar Association or the Committee of Bar Examiners.

(b) The Committee of Bar Examiners shall assess and collect a fee from unaccredited law schools in an amount sufficient to fund the regulatory and oversight responsibilities imposed by this section. Nothing in this subdivision precludes the board of trustees from using other funds or fees collected by the State Bar or by the examining committee to supplement the funding of the regulatory and oversight responsibilities imposed by this section with other funds, if that supplemental funding is deemed necessary and appropriate to mitigate some of the additional costs of the regulation and oversight to facilitate the provision of a legal education at an affordable cost.

history: (History: Amended by Stats. 2024, Ch. 227, Sec. 6. (AB 3279) Effective January 1, 2025.)


text:
(a) At least once every seven years, or more frequently if directed by the Supreme Court, the board of trustees shall oversee an evaluation of the bar examination to determine if it properly tests for minimally needed competence for entry-level attorneys and shall make a determination, supported by findings, whether to adjust the examination or the passing score based on the evaluation.

(b) The board of trustees shall report the results of the evaluation and any determination regarding adjustment in the passing score to the Supreme Court and the Legislature no later than March 15, 2018, and at least every seven years from the date of the previous report.

(c) Notwithstanding subdivision (b), the report due in 2025 shall be deferred for a period of time not to exceed seven years from the deployment of a new bar examination developed in accordance with the order of the California Supreme Court.

history: (History: Amended by Stats. 2024, Ch. 227, Sec. 7. (AB 3279) Effective January 1, 2025.)


citation: BPC § 6047

text: Subject to the approval of the board, the examining committee may adopt such reasonable rules and regulations as may be necessary or advisable for the purpose of making effective the qualifications prescribed in Article 4.

history: (History: Added by Stats. 1939, Ch. 34.)


citation: BPC § 6049

text:
(a) Upon the trial and hearing of all matters, the State Bar Court may do all of the following:

(1) Take and hear evidence pertaining to the proceeding.

(2) Administer oaths and affirmations.

(3) Compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the proceeding.

(b) In the conduct of investigations, the chief trial counsel or his or her designee, may compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the investigation.

(c) In the conduct of all formal proceedings, each party may compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the proceeding.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 38. (AB 3249) Effective January 1, 2019.)


text:
(a) In any disciplinary proceeding under this chapter, a certified copy of a final order made by any court of record or any body authorized by law or by rule of court to conduct disciplinary proceedings against attorneys, of the United States or of any state or territory of the United States or of the District of Columbia, determining that a licensee of the State Bar committed professional misconduct in such other jurisdiction shall be conclusive evidence that the licensee is culpable of professional misconduct in this state, subject only to the exceptions set forth in subdivision (b).

(b) The board may provide by rule for procedures for the conduct of an expedited disciplinary proceeding against a licensee of the State Bar upon receipt by the State Bar of a certified copy of a final order determining that the licensee has been found culpable of professional misconduct in a proceeding in another jurisdiction conducted as specified in subdivision (a). The issues in the expedited proceeding shall be limited to the following:

(1) The degree of discipline to impose.

(2) Whether, as a matter of law, the licensee’s culpability determined in the proceeding in the other jurisdiction would not warrant the imposition of discipline in the State of California under the laws or rules binding upon licensees of the State Bar at the time the licensee committed misconduct in such other jurisdiction, as determined by the proceedings specified in subdivision (a).

(3) Whether the proceedings of the other jurisdiction lacked fundamental constitutional protection.

The licensee of the State Bar subject to the proceeding under this section shall bear the burden of establishing that the issues in paragraphs (2) and (3) do not warrant the imposition of discipline in this state.

(c) In proceedings conducted under subdivision (b), the parties need not be afforded an opportunity for discovery unless the State Bar Court department or panel having jurisdiction so orders upon a showing of good cause.

(d) In any proceedings conducted under this chapter, a duly certified copy of any portion of the record of disciplinary proceedings of another jurisdiction conducted as specified in subdivision (a) may be received in evidence.

(e) This section shall not prohibit the institution of proceedings under Section 6044, 6101, or 6102, as may be appropriate, concerning any licensee of the State Bar based upon the licensee’s conduct in another jurisdiction, whether or not licensed as an attorney in the other jurisdiction.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 39. (AB 3249) Effective January 1, 2019.)


text: In all disciplinary proceedings pursuant to this chapter, the testimony of a witness given in a contested civil action or special proceeding to which the person complained against is a party, or in whose behalf the action or proceeding is prosecuted or defended, may be received in evidence, so far as relevant and material to the issues in the disciplinary proceedings, by means of a duly authenticated transcript of such testimony and without proof of the nonavailability of the witness; provided, the State Bar Court may order the production of and testimony by such witness, in lieu of or in addition to receiving a transcript of his or her testimony and may decline to receive in evidence any such transcript of testimony, in whole or in part, when it appears that the testimony was given under circumstances that did not require or allow an opportunity for full cross examination.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 40. (AB 3249) Effective January 1, 2019.)


citation: BPC § 6050

text: Whenever any person subpoenaed to appear and give testimony or to produce books, papers or documents refuses to appear or testify before the subpoenaing body, or to answer any pertinent or proper questions, or to produce such books, papers or documents, he or she is in contempt of the subpoenaing body.

history: (History: Amended by Stats. 1985, Ch. 453, Sec. 7.)


citation: BPC § 6051

text:
The State Bar Court or the chief trial counsel may report the fact that a person under subpoena is in contempt of the subpoenaing body to the superior court in and for the county in which the proceeding, investigation or other matter is being conducted and thereupon the court may issue an attachment in the form usual in the superior court, directed to the sheriff of the county, commanding the sheriff to attach the person and immediately bring him or her before the court.

On the return of the attachment, and the production of the person attached, the superior court has jurisdiction of the matter, and the person charged may purge himself or herself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed, and the same punishment inflicted, as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a superior court.

In lieu of the procedure specified above, the court may enter an order directing the person alleged to be in contempt to appear before the court at a specified time and place and then and there show cause why he or she has not attended or testified or produced the writings as required. A copy of the order shall be served upon that person. If it appears to the court that the subpoena was regularly issued and no good cause is shown for the refusal to appear or testify or produce the writings, the court shall enter an order that the person appear, testify, or produce writings, as the case may be. Upon failure to obey the order, the person shall be dealt with as for contempt of court.

A proceeding pursuant to this section shall be entitled “In the Matter of (state name), Alleged Contemnor re State Bar (proceeding, investigation or matter) No. (insert number).”

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 41. (AB 3249) Effective January 1, 2019.)


text: A motion to quash a subpoena issued pursuant to Section 6049 shall be brought in the State Bar Court.

history: (History: Added by Stats. 1985, Ch. 453, Sec. 9.)


citation: BPC § 6052

text:
The State Bar Court or the chief trial counsel, or their designee, may administer oaths and issue any subpoena pursuant to Section 6049.

Depositions may be taken and used as provided in the rules of procedure adopted by the board pursuant to this chapter.

history: (History: Amended by Stats. 2019, Ch. 698, Sec. 7. (SB 176) Effective January 1, 2020.)


citation: BPC § 6053

text: Whenever in an investigation or proceeding provided for or authorized by this chapter, the mental or physical condition of the licensee of the State Bar is a material issue, the board or the committee having jurisdiction may order the licensee to be examined by one or more physicians or psychiatrists designated by it. The reports of such persons shall be made available to the licensee and the State Bar and may be received in evidence in such investigation or proceeding.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 42. (AB 3249) Effective January 1, 2019.)


citation: BPC § 6054

text:
(a) State and local law enforcement and licensing bodies and departments, officers and employees thereof, and officials and attachés of the courts of this state shall cooperate with and give reasonable assistance and information, including the providing of state summary criminal history information and local summary criminal history information, to the State Bar of California or any authorized representative thereof, in connection with any investigation or proceeding within the jurisdiction of the State Bar of California, regarding the admission to the practice of law or discipline of attorneys or their reinstatement to the practice of law.

(b) The State Bar of California shall require that an applicant for admission or reinstatement to the practice of law in California, or may require a licensee, to submit or resubmit fingerprints to the Department of Justice and to the Federal Bureau of Investigation in order to establish the identity of the applicant and in order to determine whether the applicant or licensee has a record of criminal conviction in this state or in other states, including through a national criminal history check.

(c) (1) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the State Bar shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all persons applying for admission to the State Bar of California for all applicants for reinstatement, and for all active and inactive licensees of the State Bar who are seeking to change their license status from inactive to active or whose fingerprints have not otherwise been submitted to the Department of Justice for the purposes described in this section. The Department of Justice shall provide a state or federal level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

(2) As used in this subdivision, “applicant for reinstatement” means individuals initiating reinstatement proceedings with the State Bar after resignation with or without charges pending and after disbarment.

(d) The State Bar may use the information obtained from the Department of Justice and the Federal Bureau of Investigation as a result of the fingerprinting of an applicant or licensee, and the State Bar’s use of that information shall be limited to the official use of the State Bar in establishing the identity of the applicant and in determining the character and fitness of the applicant for admission or reinstatement, and in discovering prior and subsequent criminal arrests of an applicant, licensee, or applicant for reinstatement. The State Bar shall notify the Department of Justice about individuals who are no longer licensees and applicants who are denied admission to the State Bar within 30 days of any change in status of a licensee or denial of admission. All fingerprint records of applicants admitted or licensees reinstated, or provided by a licensee, shall be retained thereafter by the Department of Justice for the limited purpose of criminal arrest notification to the State Bar.

(e) If required to be fingerprinted pursuant to this section, a licensee of the State Bar who fails to be fingerprinted may be enrolled as an inactive licensee pursuant to rules adopted by the board of trustees.

history: (History: Amended by Stats. 2024, Ch. 227, Sec. 8. (AB 3279) Effective January 1, 2025.)


citation: BPC § 6055

text: This article shall be known, and may be cited, as the Nonprofit Association Act.

history: (History: Added by Stats. 2017, Ch. 422, Sec. 24. (SB 36) Effective January 1, 2018.)

article: 3.5. California Lawyers Association

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 4. Attorneys > 3.5. California Lawyers Association


citation: BPC § 6056

text:
(a) The State Bar, acting pursuant to Section 6001, shall assist the Sections of the State Bar to incorporate as a private, nonprofit corporation organized under Section 501(c)(6) of the Internal Revenue Code and shall transfer the functions and activities of the 16 State Bar Sections and the California Young Lawyers Association to the new private, nonprofit corporation, to be called the California Lawyers Association. The California Lawyers Association shall be a voluntary association, shall not be a part of the State Bar, and shall not be funded in any way through mandatory fees collected by the State Bar. The California Lawyers Association shall have independent contracting authority and full control of its resources. The California Lawyers Association shall not be considered a state, local, or other public body for any purpose, including, but not limited to, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(b) The California Lawyers Association shall establish the criteria for membership in the California Young Lawyers Association. The California Lawyers Association may change the name of the California Young Lawyers Association to another name consistent with the criteria for membership and its mission.

(c) The State Bar may assist the California Lawyers Association in gaining appointment to the American Bar Association (ABA) House of Delegates, consistent with the California Lawyers Association’s mission and subject to the consent of the ABA.

(d) The State Bar shall support the California Lawyers Association’s efforts to partner with the Continuing Education of the Bar (CEB), subject to agreement by the University of California.

(e) The State Bar of California shall ensure that State Bar staff who support the Sections, as of September 15, 2017, are reassigned to other comparable positions within the State Bar.

(f) The Sections of the State Bar or the California Lawyers Association and the State Bar shall enter into a memorandum of understanding regarding the terms of separation of the Sections of the State Bar from the State Bar and mandatory duties of the California Lawyers Association, including a requirement to provide all of the following:

(1) Low- and no-cost mandatory continuing legal education (MCLE).

(2) Expertise and information to the State Bar, as requested.

(3) Educational programs and materials to the licensees of the State Bar and the public.

(g) The State Bar of California shall assist the California Lawyers Association in meeting the association’s requirement to provide low- and no-cost MCLE by the inclusion on the State Bar’s internet website of easily accessible links to the low- and no-cost MCLE provided by the California Lawyers Association.

history: (History: Amended by Stats. 2022, Ch. 28, Sec. 9. (SB 1380) Effective January 1, 2023.)

article: 3.5. California Lawyers Association


text:
(a) On or before January 31, 2018, the State Bar shall transfer to the Association all membership fees and other funds paid for membership in the sections or paid in sponsorships, donations, or funds for the benefit of the sections, including, but not limited to, State Bar section financial reserves, with an accounting that specifies which funds are attributable to each individual section of the Association. The State Bar shall work with the Association to transfer all contracts previously entered into by the State Bar on behalf of the sections, as soon as practicable, consistent with any contractual obligations and legal requirements, unless an alternative arrangement is mutually acceptable to the State Bar and the Association.

(b) On or before January 31, 2018, the State Bar shall provide an itemized list of any outstanding expenses, including contracts made on behalf of section activities.

(c) The State Bar and the Association shall confer and work cooperatively to establish an orderly transition plan.

(d) All current intellectual property of the Sections of the State Bar and the board of governors, currently in the possession of the State Bar, shall be transferred to and retained by the Association, including, but not limited to, publications, educational materials, online education, membership lists of section members, and products.

(e) Programs created by the sections within the State Bar’s online education catalog shall be transferred to the Association.

(f) The amount of the State Bar sections’ reserves that are to be transferred shall be determined by cooperative review and accounting between the State Bar and the Association no later than January 31, 2018. If the State Bar and Sections of the State Bar do not agree on the amount by January 31, 2018, the parties shall submit the matter to binding arbitration by a neutral arbitrator who will determine the amount. If the parties cannot agree on a neutral arbitrator, each shall select a neutral arbitrator and the two neutral arbitrators shall select a single neutral arbitrator to determine the amount. The neutral arbitrator chosen to oversee the matter may hire an auditor to assist in this task. The fees charged by the arbitrator, including any auditor fees, shall be borne equally by the State Bar and the Association.

(g) The State Bar shall no longer include individual sections or voluntary organizations that are similar to Sections of the State Bar as they existed before being transferred to the Association.

article: 3.5. California Lawyers Association


citation: BPC § 6060

text:
To be certified to the Supreme Court for admission and a license to practice law, a person who has not been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency or in a foreign country shall:

(a) Be at least 18 years of age.

(b) (1) Be of good moral character.

(2) (A) In reviewing whether an applicant is of good moral character under this subdivision, the staff of the State Bar or the members of the examining committee shall not review or consider the person’s medical records relating to mental health, except

if the applicant seeks to use the record for either of the following purposes:

(i) To demonstrate that the applicant is of good moral character.

(ii) As a mitigating factor to explain a specific act of misconduct.

(B) The staff of the State Bar and members of the examining committee shall not request or seek to review any medical records relating to mental health, including by obtaining the consent of the applicant to disclose such records, except as requested by an applicant and for a purpose specified in subparagraph (A).

(c) Before beginning the study of law, have done either of the following:

(1) Completed at least two years of college work, which college work shall be at least one-half of the collegiate work acceptable for a bachelor’s degree granted on the basis of a four-year period of study by a college or university approved by the examining committee.

(2) Have attained in apparent intellectual ability the equivalent of at least two years of college work by taking examinations in subject matters and achieving the scores as are prescribed by the examining committee.

(d) Have registered with the State Bar as a law student within 90 days after beginning the study of law. The State Bar, upon a showing of good cause, may permit a later registration.

(e) Have done either of the following:

(1) Had conferred upon them a juris doctor (J.D.) degree or a bachelor of laws (LL.B.) degree by a law school accredited by the examining committee or approved by the American Bar Association.

(2) Studied law diligently and in good faith for at least four years in any of the following manners:

(A) (i) In a law school that is authorized or approved to confer professional degrees and requires classroom attendance of its students for a minimum of 270 hours a year.

(ii) A person who has received their legal education in a foreign state or country where the common law of England does not constitute the basis of jurisprudence shall demonstrate to the satisfaction of the State Bar that the person’s education, experience, and qualifications qualify them to take the examination.

(B) In a law office in this state and under the personal supervision of a licensee of the State Bar of California who is, and for at least the last five years continuously has been, engaged in the active practice of law. It is the duty of the supervising attorney to render any periodic reports to the State Bar as required.

(C) In the chambers and under the personal supervision of a judge of a court of record of this state. It is the duty of the supervising judge to render any periodic reports to the State Bar as required.

(D) By instruction in law from a correspondence law school authorized or approved to confer professional degrees by this state, which requires 864 hours of preparation and study per year for four years.

(E) By any combination of the methods referred to in this paragraph.

(f) Have passed any examination in professional responsibility or legal ethics as the examining committee may prescribe.

(g) Have passed the general bar examination given by the examining committee.

(h) (1) Have passed a law students’ examination administered by the examining committee after completion of their first year of law study. Those who pass the examination within its first three administrations upon becoming eligible to take the examination, shall receive credit for all law studies completed to the time the examination is passed. Those who do not pass the examination within the number of administrations allowed by this subdivision, upon becoming eligible to take the examination, but who subsequently pass the examination, shall receive credit for one year of legal study only.

(2) (A) This requirement does not apply to a student who has satisfactorily completed their first year of law study at a law school accredited by the examining committee and who has completed at least two years of college work prior to matriculating in the accredited law school, nor shall this requirement apply to an applicant who has passed the bar examination of a sister state or of a country in which the common law of England constitutes the basis of jurisprudence.

(B) The law students’ examination shall be administered twice a year at reasonable intervals.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 13. (SB 40) Effective January 1, 2024.)

article: 4. Admission to the Practice of Law

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 4. Attorneys > 4. Admission to the Practice of Law


text:
(a) Any disciplinary action taken against an individual at a university or an accredited law school for violation of university or law school rules of conduct shall not be used as the sole basis for denying the individual admission to practice law in the State of California.

(b) This section shall not apply to university or law school violations which involve moral turpitude or that result in criminal prosecution under the laws of the State of California or any other state.

history: (History: Added by Stats. 1990, Ch. 1639, Sec. 2.5.)

article: 4. Admission to the Practice of Law


text:
(a) All investigations or proceedings conducted by the State Bar concerning the moral character of an applicant shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) unless the applicant, in writing, waives the confidentiality.

(b) Notwithstanding subdivision (a), the records of the proceeding may be disclosed in response to either of the following:

(1) A lawfully issued subpoena.

(2) A written request from a government agency responsible for either the enforcement of civil or criminal laws or the professional licensing of individuals that is conducting an investigation about the applicant.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 15. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 4. Admission to the Practice of Law


text:
(a) An application to take the California bar examination administered in February must be filed with the State Bar not later than the first business day of the preceding November, and an application to take the California bar examination administered in July must be filed with the State Bar not later than the first business day of the preceding April. However, an applicant who was unsuccessful on the examination last administered shall be allowed 10 business days from the date of the general announcement of results of that examination in which to timely file an application to take the next scheduled examination.

(b) The State Bar may accept applications to take the California bar examination filed after the timely deadlines specified in subdivision (a) from applicants if the application is accompanied by the timely application fee and the late filing fee fixed by the board as follows:

(1) An application to take the California bar examination filed between the first and last business days in November for the February examination or between the first and last business days of April for the July examination shall be accepted if it is accompanied by the timely filing fee and a late fee not to exceed fifty dollars ($50).

(2) An application to take the California bar examination filed between the last business day of November and January 1 for the February examination or between the last business day of April and June 1 for the July examination shall be accepted if it is accompanied by the timely filing fee and a late fee not to exceed two hundred fifty dollars ($250).

(3) An application to take the California bar examination filed after January 1 for the February examination and after June 1 for the July examination shall not be accepted.

(c) Application fees for the California bar examination, including fees for late filing, shall be refunded if the applicant does not take the California bar examination because of the death of an immediate family member or the serious illness or disabling injury of the applicant or a member of their immediate family. A deduction may be made from the refund for administrative costs. The board shall adopt regulations for the administration of this subdivision. This subdivision shall not be construed to prohibit the refund of fees in instances other than those specified.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 14. (SB 40) Effective January 1, 2024.)

article: 4. Admission to the Practice of Law


text:
Neither the board, nor any committee authorized by it, shall require that applicants for admission to practice law in California pass different final bar examinations depending upon the manner or school in which they acquire their legal education.

This section shall not prohibit the board, or any committee authorized by it, from establishing a different bar examination for applicants who are admitted to practice before the highest court of another state or of any jurisdiction where the common law of England constitutes the basis of jurisprudence.

history: (History: Added by Stats. 1971, Ch. 1666.)

article: 4. Admission to the Practice of Law


text: Notwithstanding Section 30 of this code and Section 17520 of the Family Code, the Committee of Bar Examiners may accept for registration, and the State Bar may process for an original or renewed license to practice law, an application from an individual containing a federal tax identification number, or other appropriate identification number as determined by the State Bar, in lieu of a social security number, if the individual is not eligible for a social security account number at the time of application and is not in noncompliance with a judgment or order for support pursuant to Section 17520 of the Family Code.

history: (History: Added by Stats. 2005, Ch. 610, Sec. 1. Effective January 1, 2006.)

article: 4. Admission to the Practice of Law


text:
The examining committee shall be responsible for the approval, regulation, and oversight of degree-granting law schools that meet both of the following:

(a) Award the juris doctor (J.D.) professional degree in California.

(b) Are not approved by the American Bar Association.

history: (History: Repealed and added by Stats. 2024, Ch. 227, Sec. 10. (AB 3279) Effective January 1, 2025.)

article: 4. Admission to the Practice of Law


text: Approval of any agency or agencies not existing under and by virtue of the laws of this State shall not be made a condition for accreditation of any California law school.

history: (History: Added by Stats. 1957, Ch. 647.)

article: 4. Admission to the Practice of Law


text:
(a) Commencing July 1, 2026, and annually thereafter, the State Bar shall transmit to the Legislature a report detailing the number of complaints regarding access issues related to the biannual state bar exam detailed as follows:

(1) The testing location in which the complaints occurred.

(2) The nature of the access related complaints.

(3) Accommodations provided to persons levying access related complaints.

(4) Any additional information the State Bar determines to be relevant and necessary for the assessment of the existing programs for addressing access issues related to the biannual state bar exam.

(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

history: (History: Added by Stats. 2024, Ch. 227, Sec. 11. (AB 3279) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.)

article: 4. Admission to the Practice of Law


text:
(a) Notwithstanding any other law, any identifying information submitted by an applicant to the State Bar for admission and a license to practice law and all State Bar admission records, including, but not limited to, bar examination scores, law school grade point average (GPA), undergraduate GPA, Law School Admission Test scores, race or ethnicity, and any information contained within the State Bar Admissions database or any file or other data created by the State Bar with information submitted by the applicant that may identify an individual applicant, other than information described in subdivision (b), shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(b) Subject to existing state and federal laws protecting education records, subdivision (a) does not prohibit the disclosure of any of the following:

(1) The names of applicants who have passed any examination administered, given, or prescribed by the Committee of Bar Examiners.

(2) Information that is provided at the request of an applicant to another jurisdiction where the applicant is seeking admission to the practice of law.

(3) Information provided to a law school that is necessary for the purpose of the law school’s compliance with accreditation or regulatory requirements. Beginning with the release of results from the July 2018 bar examination, the information provided to a law school shall also include the bar examination results of the law school’s graduates allocated to the law school and the scores of any graduate allocated to the law school who did not pass the bar examination and who consents to the release of the graduate’s scores to the law school. Consent of a law school graduate to the release of the graduate’s scores may be obtained by a check-off on the graduate’s application to take the bar examination. For purposes of this paragraph, “scores” means the same scores reported to a graduate who did not successfully pass the bar examination.

(4) Information provided to the National Conference of Bar Examiners or a successor nonprofit organization in connection to the State Bar’s administration of any examination.

(5) This subdivision shall apply retroactively to January 1, 2016.

(c) Disclosure of any of the information in paragraphs (2) to (4), inclusive, of subdivision (b) shall not constitute a waiver under Section 7921.505 of the Government Code of the exemption from disclosure provided for in subdivision (a) of this section.

(d) (1) Notwithstanding any other law except existing state and federal laws protecting education records, any information received from an educational or testing entity that is collected by the State Bar for the purpose of conducting a Law School Bar Exam Performance Study as the State Bar has been directed to do by the California Supreme Court by letter dated February 28, 2017, other than aggregate, summary, or statistical data that does not identify any person and does not provide substantial risk of identification of any person, shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(2) Nothing in this subdivision is intended to impact any litigation pending on the effective date of the measure that added this subdivision.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 16. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 4. Admission to the Practice of Law


citation: BPC § 6061

text:
Any law school that is not accredited by the examining committee of the State Bar shall provide every student with a disclosure statement, subsequent to the payment of any application fee but prior to the payment of any registration fee, containing all of the following information:

(a) The school is not accredited. However, in addition, if the school has been approved by other agencies, that fact may be so stated.

(b) Where the school has not been in operation for 10 years, the assets and liabilities of the school. However, if the school has had prior affiliation with another school that has been in operation more than 10 years, has been under the control of another school that has been in operation more than 10 years, or has been a successor to a school in operation more than 10 years, this subdivision is not applicable.

(c) The number and percentage of students who have taken and who have passed the first-year law student’s examination and the final bar examination in the previous five years, or since the establishment of the school, whichever time is less, which shall include only those students who have been certified by the school to take the examinations.

(d) The number of legal volumes in the library. This subdivision does not apply to correspondence schools.

(e) The educational background, qualifications, and experience of the faculty, and whether or not the faculty members and administrators (e.g., the dean) are licensees of the California State Bar.

(f) The ratio of faculty to students for the previous five years or since the establishment of the school, whichever time is less.

(g) Whether or not the school has applied for accreditation, and, if so, the date of application and whether or not that application has been withdrawn, is currently pending, or has been finally denied. The school need only disclose information relating to applications made in the previous five years.

(h) That the education provided by the school may not satisfy the requirements of other states for the practice of law. Applicants should inquire regarding those requirements, if any, to the state in which they may wish to practice.

The disclosure statement required by this section shall be signed by each student, who shall receive as a receipt a copy of his or her signed disclosure statement. If any school does not comply with these requirements, it shall make a full refund of all fees paid by students.

Subject to approval by the board, the examining committee may adopt reasonable rules and regulations as are necessary for the purpose of ensuring compliance with this section.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 48. (AB 3249) Effective January 1, 2019.)

article: 4. Admission to the Practice of Law


text: A law school that is not accredited by the examining committee of the State Bar may refer to itself as a university or part of a university and, if it so refers to itself, shall state whether or not the law school is associated with an undergraduate school.

history: (History: Added by Stats. 2006, Ch. 534, Sec. 3. Effective January 1, 2007.)

article: 4. Admission to the Practice of Law


text:
(a) Any law school that is not approved by the American Bar Association shall publicly disclose on its Internet Web site, with a link from the Internet home page under “Admissions,” all of the following information:

(1) Admissions data.

(2) Tuition, fees, and financial aid.

(3) Conditional scholarships.

(4) Enrollment data.

(5) Number of full-time and part-time faculty, technically trained librarians, and administrators.

(6) Average class size of each required course and the number of clinical offerings.

(7) Employment outcomes for graduates.

(8) Bar passage data.

(b) (1) The information in subdivision (a) shall be disclosed in a standardized information report that is readily accessible to current and prospective students in a manner that is complete, accurate, and not misleading to a reasonable student or applicant.

(2) The State Bar may create a standardized information report template.

(3) Any law school that is not approved by the American Bar Association shall include the standardized information report as part of the annual compliance report required to be submitted to the State Bar by all law schools that are not approved by the American Bar Association and are regulated by the examining committee of the State Bar.

(4) A law school may use the information report template to comply with the information disclosure required under subdivision (a).

(c) Any law school that is not approved by the American Bar Association shall publicly disclose on its Internet Web site, in a readable and comprehensive manner, all of the following information on a current basis:

(1) Refund policy.

(2) Curricular offerings, academic calendar, and academic requirements.

(3) Policy regarding the transfer of credit earned at another institution of higher education.

(d) The law school’s transfer of credit policy shall include, at a minimum, both of the following:

(1) A statement of the criteria established by the law school regarding the acceptance of credit earned for coursework completed at another institution.

(2) A list of institutions, if any, with which the law school has established an articulation agreement and the terms of any such agreement. If the law school has not entered into a transfer or articulation agreement with any other college or university, the institution shall disclose that fact.

(e) All information that a law school reports, publicizes, or distributes pursuant to this section shall be complete, accurate, and not misleading to a reasonable law school student or applicant. A law school shall use due diligence in obtaining and verifying such information.

(f) A law school that is not approved by the American Bar Association shall distribute the data required under paragraph (3) of subdivision (a) to all applicants being offered conditional scholarships at the time the scholarship offer is made.

(g) For the purposes of this section, the following definitions apply:

(1) “Admissions data” means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students.

(2) “Bar passage data” means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar.

(3) “Conditional scholarship” means any financial aid award, the retention of which is dependent upon the student maintaining a minimum grade point average or class standing other than that ordinarily required to remain in good academic standing.

(4) “Curricular offering” means only those courses offered in the current and past two academic years.

(5) “Employment outcomes for graduates” means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a Juris Doctor degree is required by the employer and the rate of employment of graduates in jobs where a Juris Doctor degree is an advantage in employment.

(6) “Enrollment data” means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis.

(7) “Transfer or articulation agreement” means an agreement between the law school and any other college or university that provides for the transfer of credits earned in the program of instruction.

history: (History: Added by Stats. 2016, Ch. 87, Sec. 1. (SB 1281) Effective January 1, 2017.)

article: 4. Admission to the Practice of Law


citation: BPC § 6062

text:
(a) To be certified to the Supreme Court for admission, and a license to practice law, a person who has been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency the United States may hereafter acquire shall:

(1) Be of the age of at least 18 years.

(2) Be of good moral character.

(3) Have passed the general bar examination given by the examining committee. However, if that person has been an active licensee in good standing of the bar of the admitting sister state or United States jurisdiction, possession, or territory for at least four years immediately preceding the first day of the examination applied for, he or she may elect to take the Attorneys’ Examination rather than the general bar examination. Attorneys admitted less than four years and attorneys admitted four years or more in another jurisdiction but who have not been active licensees in good standing of their admitting jurisdiction for at least four years immediately preceding the first day of the examination applied for must take the general bar examination administered to general applicants not admitted as attorneys in other jurisdictions.

(4) Have passed an examination in professional responsibility or legal ethics as the examining committee may prescribe.

(b) To be certified to the Supreme Court for admission, and a license to practice law, a person who has been admitted to practice law in a jurisdiction other than in a sister state, United States jurisdiction, possession, or territory shall:

(1) Be of the age of at least 18 years.

(2) Be of good moral character.

(3) Have passed the general bar examination given by the examining committee.

(4) Have passed an examination in professional responsibility or legal ethics as the examining committee may prescribe.

(c) The amendments to this section made at the 1997–98 Regular Session of the Legislature shall be applicable on and after January 1, 1997, and do not constitute a change in, but are declaratory of, existing law.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 49. (AB 3249) Effective January 1, 2019.)

article: 4. Admission to the Practice of Law


citation: BPC § 6063

text: Applicants for admission to practice shall pay such reasonable fees, fixed by the board, as may be necessary to defray the expense of administering the provisions of this chapter, relating to admission to practice. These fees shall be collected by the State Bar and paid into the treasury of the State Bar.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 15. (SB 40) Effective January 1, 2024.)

article: 4. Admission to the Practice of Law


citation: BPC § 6064

text:
(a) Upon certification by the examining committee that the applicant has fulfilled the requirements for admission to practice law, the Supreme Court may admit the applicant as an attorney at law in all the courts of this state and may direct an order to be entered upon its records to that effect. A certificate of admission thereupon shall be given to the applicant by the clerk of the court.

(b) Upon certification by the examining committee that an applicant who is not lawfully present in the United States has fulfilled the requirements for admission to practice law, the Supreme Court may admit that applicant as an attorney at law in all the courts of this state and may direct an order to be entered upon its records to that effect. A certificate of admission thereupon shall be given to the applicant by the clerk of the court.

history: (History: Amended by Stats. 2013, Ch. 573, Sec. 1. (AB 1024) Effective January 1, 2014.)

article: 4. Admission to the Practice of Law


text: No person who advocates the overthrow of the Government of the United States or of this State by force, violence, or other unconstitutional means, shall be certified to the Supreme Court for admission and a license to practice law.

history: (History: Added by Stats. 1951, Ch. 179.)

article: 4. Admission to the Practice of Law


citation: BPC § 6065

text: Any applicant for admission to practice who did not pass the California bar examination, for 30 days following the release of examination results, shall have electronic access to their answers to the written sessions of the bar examination, which shall include the ability to download, save, and print.

history: (History: Amended by Stats. 2023, Ch. 697, Sec. 16. (SB 40) Effective January 1, 2024.)

article: 4. Admission to the Practice of Law


citation: BPC § 6066

text: Any person refused certification to the Supreme Court for admission to practice may have the action of the board, or of any committee authorized by the board to make a determination on its behalf, pursuant to the provisions of this chapter, reviewed by the Supreme Court, in accordance with the procedure prescribed by the court.

history: (History: Added by Stats. 1939, Ch. 34.)

article: 4. Admission to the Practice of Law


citation: BPC § 6067

text: Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability. A certificate of the oath shall be indorsed upon his license.

article: 4. Admission to the Practice of Law


citation: BPC § 6068

text:
It is the duty of an attorney to do all of the following:

(a) To support the Constitution and laws of the United States and of this state.

(b) To maintain the respect due to the courts of justice and judicial officers.

(c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.

(d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.

(e) (1) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.

(2) Notwithstanding paragraph (1), an attorney may, but is not required to, reveal confidential information relating to the representation of a client to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of, or substantial bodily harm to, an individual.

(f) To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.

(g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.

(h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed.

(i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or herself. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subdivision shall not be construed to require an attorney to cooperate with a request that requires him or her to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the attorney’s practice. Any exercise by an attorney of any constitutional or statutory privilege shall not be used against the attorney in a regulatory or disciplinary proceeding against him or her.

(j) To comply with the requirements of Section 6002.1.

(k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney.

(l) To keep all agreements made in lieu of disciplinary prosecution with the State Bar.

(m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.

(n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt.

(o) To report to the State Bar, in writing, within 30 days of the time the attorney has knowledge of any of the following:

(1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.

(2) The entry of judgment against the attorney in a civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.

(3) The imposition of judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000).

(4) The bringing of an indictment or information charging a felony against the attorney.

(5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type.

(6) The imposition of discipline against the attorney by a professional or occupational disciplinary agency or licensing board, whether in California or elsewhere.

(7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney.

(8) As used in this subdivision, “against the attorney” includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney’s knowledge already been reported by the law firm or corporation.

(9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation.

(10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 50. (AB 3249) Effective January 1, 2019.)

article: 4. Admission to the Practice of Law


citation: BPC § 6069

text:
(a) Every licensee of the State Bar shall be deemed by operation of this law to have irrevocably authorized the disclosure to the State Bar and the Supreme Court pursuant to Section 7473 of the Government Code of any and all financial records held by financial institutions as defined in subdivisions (a) and (b) of Section 7465 of the Government Code pertaining to accounts which the licensee must maintain in accordance with the Rules of Professional Conduct; provided that no such financial records shall be disclosed to the State Bar without a subpoena therefor having been issued pursuant to Section 6049 of this code, and further provided that the board of trustees shall by rule provide notice to the licensee similar to that notice provided for in subdivision (d) of Section 7473 of the Government Code. Such notice may be sent by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar.

The State Bar shall, by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar, notify its licensees annually of the provisions of this subdivision.

(b) With regard to the examination of all financial records other than those mentioned in subdivision (a), held by financial institutions as defined in subdivisions (a) and (b) of Section 7465 of the Government Code, no such financial records shall be disclosed to the State Bar without a subpoena therefor having been issued pursuant to Section 6049 of this code and the board of trustees shall by rule provide for service of a copy of the subpoena on the customer as defined in subdivision (d) of Section 7465 of the Government Code and an opportunity for the customer to move the board or committee having jurisdiction to quash the subpoena prior to examination of the financial records. Review of the actions of the board or any committee on such motions shall be had only by the Supreme Court in accordance with the procedure prescribed by the court. Service of a copy of any subpoena issued pursuant to this subdivision (b) may be made on a licensee of the State Bar by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar. If the customer is other than a licensee, service shall be made pursuant to Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, except that service may be made by an employee of the State Bar.

(c) For purposes of this section, “licensee of the State Bar” or “licensee” means every licensee of the State Bar, law firm in California of which a licensee of the State Bar is a licensee, and law corporation within the meaning of Article 10 of Chapter 4 of Division 3 of this code.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 51. (AB 3249) Effective January 1, 2019.)

article: 4. Admission to the Practice of Law


citation: BPC § 6070

text:
(a) The State Bar shall request the California Supreme Court to adopt a rule of court authorizing the State Bar to establish and administer a mandatory continuing legal education program. The rule that the State Bar requests the Supreme Court to adopt shall require that, within designated 36-month periods, all active licensees of the State Bar shall complete at least 25 hours of legal education activities approved by the State Bar or offered by a State Bar-approved provider, with four of those hours in legal ethics. The legal education activities shall focus on California law and practice and federal law as relevant to its practice in California or tribal law. A licensee of the State Bar who fails to satisfy the mandatory continuing legal education requirements of the program authorized by the Supreme Court rule shall be enrolled as an inactive licensee pursuant to rules adopted by the Board of Trustees of the State Bar.

(b) For purposes of this section, statewide associations of public agencies and incorporated, nonprofit professional associations of attorneys, including the California Lawyers Association, shall be certified as State Bar approved providers upon completion of an appropriate application process to be established by the State Bar. The certification may be revoked only by majority vote of the board, after notice and hearing, and for good cause shown. Programs provided by the California District Attorneys Association or the California Public Defenders Association, or both, including, but not limited to, programs provided pursuant to Title 1.5 (commencing with Section 11500) of Part 4 of the Penal Code, are deemed to be legal education activities approved by the State Bar or offered by a State Bar-approved provider.

(c) Notwithstanding the provisions of subdivision (a), officers and elected officials of the State of California, and full-time professors at law schools accredited by the State Bar of California, the American Bar Association, or both, shall be exempt from the provisions of this section. Full-time employees of the State of California, acting within the scope of their employment, shall be exempt from the provisions of this section. Nothing in this section shall prohibit the State of California, or any political subdivision thereof, from establishing or maintaining its own continuing education requirements for its employees.

(d) The California Lawyers Association shall provide and encourage the development of low-cost programs and materials by which licensees of the State Bar may satisfy their continuing education requirements. Special emphasis shall be placed upon the use of internet capabilities and computer technology in the development and provision of no-cost and low-cost programs and materials. Towards this purpose, as a condition of the State Bar’s collection of membership fees on behalf of the California Lawyers Association pursuant to subdivision (b) of Section 6031.5, the California Lawyers Association shall ensure that any licensee possessing or having access to the Internet or specified generally available computer technology shall be capable of satisfying the full self-study portion of his or her MCLE requirement at a cost of twenty dollars ($20) per hour or less.

history: (History: Amended by Stats. 2018, Ch. 659, Sec. 52. (AB 3249) Effective January 1, 2019.)

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 4. Attorneys > 4.5. Mandatory Continuing Legal Education