Section § 6010

Explanation

The State Bar of California is managed by a group called the board of trustees, who are in charge of making decisions and overseeing the State Bar's activities. Anytime you see the term 'board of governors' in this context, it actually means the board of trustees.

(a)CA Business & Professions Code § 6010(a) The State Bar is governed by a board known as the board of trustees of the State Bar. The board has the powers and duties conferred by this chapter.
(b)CA Business & Professions Code § 6010(b) As used in this chapter or any other provision of law, “board of governors” shall be deemed to refer to the board of trustees.

Section § 6011

Explanation

This law explains how the State Bar of California hires its executive director. The board chooses this leader, who must be a lawyer practicing in California. They are hired for four years and can be rehired. The executive director isn't allowed to have a private law practice. The State Bar must inform certain Senate and Assembly committees if an executive director is hired or let go. The appointment needs approval from the Senate. These rules apply to anyone appointed starting January 1, 2024.

(a)CA Business & Professions Code § 6011(a) The board shall appoint an executive director of the State Bar, who shall be responsible for the leadership and management of the State Bar according to the strategic direction set by the board.
(b)CA Business & Professions Code § 6011(b) The board shall appoint a lawyer admitted to practice in California to serve as the executive director of the State Bar. The executive director shall be appointed for a term of four years and may be reappointed for additional four-year terms. The executive director shall serve at the pleasure of the board. The executive director shall not engage in private practice. The State Bar shall notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of an executive director.
(c)CA Business & Professions Code § 6011(c) The appointment of the executive director is subject to confirmation by the Senate, and the time limits prescribed in Section 1774 of the Government Code for Senate confirmation and for service in office are applicable to the appointment.
(d)CA Business & Professions Code § 6011(d) This section applies to persons appointed as the executive director on or after January 1, 2024.

Section § 6012

Explanation
This law describes how the State Bar of California must appoint a general counsel. The general counsel serves as the chief legal advisor to the board for matters not involving attorney discipline. They must be a licensed California lawyer and are appointed for four-year terms, with the possibility of reappointment. The general counsel cannot practice privately and is chosen at the board's discretion. The hiring or firing of a general counsel must be reported to certain legislative committees within a week. Any appointment requires confirmation by the Senate, following specific time limits. This rule applies to appointments made on or after January 1, 2024.
(a)CA Business & Professions Code § 6012(a) The board shall appoint a general counsel of the State Bar to serve as the chief legal advisor to the board on issues not related to attorney discipline.
(b)CA Business & Professions Code § 6012(b) The board shall appoint a lawyer admitted to practice in California to serve as general counsel of the State Bar. The general counsel shall be appointed for a term of four years and may be reappointed for additional four-year terms. The general counsel shall serve at the pleasure of the board. The general counsel shall not engage in private practice. The State Bar shall notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of a general counsel.
(c)CA Business & Professions Code § 6012(c) The appointment of the general counsel is subject to confirmation by the Senate, and the time limits prescribed in Section 1774 of the Government Code for Senate confirmation and for service in office are applicable to the appointment.
(d)CA Business & Professions Code § 6012(d) This section applies to persons appointed general counsel on or after January 1, 2024.

Section § 6013.1

Explanation

This law outlines how the California Supreme Court should appoint attorney members to a board. Five attorneys are appointed for four-year terms and can be reappointed for one more term. If a vacancy occurs, the Supreme Court will fill it. When making appointments, the Court should consider diversity in terms of legal practice types, personal demographics (like race and gender), and geographic locations. Additionally, the State Bar handles the administrative side of this process.

(a)CA Business & Professions Code § 6013.1(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)CA Business & Professions Code § 6013.1(b) An attorney member elected pursuant to Section 6013.2 may be appointed by the Supreme Court pursuant to this section to a term as an appointed attorney member.
(c)CA Business & Professions Code § 6013.1(c) The Supreme Court shall fill any vacancy in the term of, and make any reappointment of, any appointed attorney member.
(d)CA Business & Professions Code § 6013.1(d) 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.
(e)CA Business & Professions Code § 6013.1(e) The State Bar shall be responsible for carrying out the administrative responsibilities related to the appointment process described in subdivision (a).

Section § 6013.3

Explanation

This section outlines the appointment process for two attorney members of a board. One member is selected by the Senate Committee on Rules and the other by the Speaker of the Assembly. Each appointed attorney serves a term of four years but can be reappointed. If a vacancy occurs, a new member is appointed to complete the remaining term.

(a)CA Business & Professions Code § 6013.3(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)CA Business & Professions Code § 6013.3(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.

Section § 6013.5

Explanation

This section outlines the rules for appointing public members to the board of the State Bar, which governs lawyers in California. Starting from January 1, 2018, up to six board members must be individuals who have never been lawyers or admitted to U.S. courts. These members serve four-year terms, and any vacancies must be filled for the remaining term. Appointments are shared among different authorities: the Senate Committee on Rules and the Speaker of the Assembly each appoint one member, while the Governor appoints four members with Senate confirmation. Each authority is responsible for filling any vacancies in their appointments.

(a)CA Business & Professions Code § 6013.5(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)CA Business & Professions Code § 6013.5(b) Each of these members shall serve for a term of four years. Vacancies shall be filled for the remainder of the term.
(c)CA Business & Professions Code § 6013.5(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)CA Business & Professions Code § 6013.5(d) Four public members shall be appointed by the Governor, subject to the confirmation of the Senate.
(e)CA Business & Professions Code § 6013.5(e) Each respective appointing authority shall fill any vacancy in and make any reappointment to each respective office.

Section § 6013.5

Explanation

This law says that certain rules or guidelines, outlined in another part of the law, apply to public members who are appointed or reappointed as of January 1, 2012.

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.

Section § 6013.6

Explanation

This law ensures that full-time employees of public agencies who serve on the Board of Trustees of the State Bar of California won't lose any employment benefits like rights, promotions, or retirement benefits. However, if they work fewer hours due to their board duties, their salary can be reduced proportionally, unless they use leave time. They're allowed to make up missed hours at different times if it doesn't inconvenience their employer. The law states that serving on this board is beneficial to the public interest.

(a)CA Business & Professions Code § 6013.6(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)CA Business & Professions Code § 6013.6(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)CA Business & Professions Code § 6013.6(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.

Section § 6015

Explanation

To be on the board as an attorney, a person must be actively licensed by the State Bar. They must also have their main law office in the right place. If elected, their office must be in the district they represent. If appointed, their office must simply be in California.

No person is eligible for attorney membership on the board unless both of the following conditions are satisfied:
(a)CA Business & Professions Code § 6015(a) He or she is an active licensee of the State Bar.
(b)CA Business & Professions Code § 6015(b) Either:
(1)CA Business & Professions Code § 6015(b)(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)CA Business & Professions Code § 6015(b)(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.

Section § 6016

Explanation

This law outlines the term duration and procedures for filling vacancies for attorney members of a certain board. Each member's term is four years, and if there’s a vacancy, it gets filled for what's left of the term. The board can set up an interim board if there aren't enough members to form a quorum due to vacancies. Also, serving in a midterm vacancy doesn't count towards any term limits for those filling the vacancy.

(a)CA Business & Professions Code § 6016(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)CA Business & Professions Code § 6016(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)CA Business & Professions Code § 6016(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.

Section § 6016.2

Explanation

This law section explains that any board member can be removed by whoever appointed them if they're not doing their job right, are incompetent, or conduct themselves inappropriately. It also clarifies that this doesn't limit other legal powers to remove board members. Lastly, it defines 'appointing authority' as the person or group authorized to appoint board members.

(a)CA Business & Professions Code § 6016.2(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)CA Business & Professions Code § 6016.2(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)CA Business & Professions Code § 6016.2(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.

Section § 6019

Explanation

This law states that each position on a board, when it's being filled, is considered its own distinct role or office.

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.

Section § 6020

Explanation

This law specifies that the State Bar's leadership includes a chair, a vice chair, and a secretary.

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

Section § 6021

Explanation

The Supreme Court is responsible for appointing the chair and vice chair of the board. Each serves a two-year term and begins their duties after the September meeting following their appointment. They can serve a maximum of two terms unless they are filling a vacancy, in which case they can serve two full terms on top of the remainder of that vacancy term.

(a)CA Business & Professions Code § 6021(a) The selection of the chair and vice chair of the board shall be made by appointment of the Supreme Court.
(b)CA Business & Professions Code § 6021(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.

Section § 6023

Explanation

The people currently holding officer positions at the State Bar will stay in their roles until new people are chosen or appointed to take over those positions.

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

Section § 6024

Explanation

This law states that the chairperson is in charge of leading all meetings for the State Bar and its board. If the chair can't make it or can't do their job, then the vice chair takes over. The board decides what other tasks the chair, vice chair, and secretary should handle.

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.

Section § 6025

Explanation

This law grants a board the power to create rules and regulations that are needed to effectively implement the chapter's provisions, as long as these rules comply with the state's laws.

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.

Section § 6026.11

Explanation

This law states that the State Bar must comply with the California Public Records Act, meaning all documents and records it holds are open for public access under this Act.

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.

Section § 6026.7

Explanation

This section explains that the State Bar must generally follow the Bagley-Keene Open Meeting Act, which ensures public access to meetings. However, there are exceptions: this Act doesn't apply to the Judicial Nominees Evaluation Commission or the State Bar Court. Also, some meetings can be closed to the public if they involve sensitive issues like appeals concerning legal specialization certifications, preparation and grading of bar exams, moral character assessments, and confidential law school information. Even with these closed sessions, the State Bar must allow public comments on any topics scheduled for discussion, whether they are in open or closed session.

(a)CA Business & Professions Code § 6026.7(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)CA Business & Professions Code § 6026.7(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)CA Business & Professions Code § 6026.7(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)CA Business & Professions Code § 6026.7(c)(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)CA Business & Professions Code § 6026.7(c)(2) The preparation of examination materials, the approval, the grading, or the security of test administration of examinations for certification of a specialist.
(3)CA Business & Professions Code § 6026.7(c)(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)CA Business & Professions Code § 6026.7(c)(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)CA Business & Professions Code § 6026.7(c)(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)CA Business & Professions Code § 6026.7(c)(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)CA Business & Professions Code § 6026.7(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.

Section § 6027

Explanation

The State Bar can hold special meetings whenever and wherever the board decides.

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

Section § 6028

Explanation

The board is allowed to spend its funds to cover necessary expenses related to its functions. Board members generally don't get paid except for their necessary expenses while doing their duties. However, public members of the board and certain committees can get $50 for each day they work, up to $500 a month, plus their necessary expenses.

(a)CA Business & Professions Code § 6028(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)CA Business & Professions Code § 6028(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)CA Business & Professions Code § 6028(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.

Section § 6029

Explanation

This law allows the board to set up committees and hire staff as needed, deciding on their pay and expenses. It also specifies that the executive committee must include members appointed by the Supreme Court, the Governor, the Speaker of the Assembly, and the Senate Committee on Rules.

(a)CA Business & Professions Code § 6029(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)CA Business & Professions Code § 6029(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)CA Business & Professions Code § 6029(b)(1) The Supreme Court.
(2)CA Business & Professions Code § 6029(b)(2) The Governor.
(3)CA Business & Professions Code § 6029(b)(3) The Speaker of the Assembly.
(4)CA Business & Professions Code § 6029(b)(4) The Senate Committee on Rules.

Section § 6030

Explanation

This law assigns the board the responsibility for managing the State Bar's operations and ensuring that the rules mentioned in specific articles are followed. If someone breaks, or is about to break, these rules, the State Bar can take them to court and ask for a court order to stop the violation, without needing to pay any bond to do so.

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.

Section § 6031

Explanation

This section allows the board to help improve the field of law and the justice system. However, the board cannot evaluate or report on individual judges' qualifications or abilities unless the Legislature reviews and authorizes it. State Bar members can still evaluate judges individually, but not as part of the board's initiatives. Evaluating potential judges for appointment or nomination is allowed under different rules.

(a)CA Business & Professions Code § 6031(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)CA Business & Professions Code § 6031(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.

Section § 6031.5

Explanation

This law states that the California Lawyers Association can't be funded with required licensing fees collected by the State Bar. Though the State Bar can offer them support services, they must agree on the details and costs beforehand, and the State Bar must be reimbursed. The State Bar can also collect fees for the California Lawyers Association if it's deemed to serve a public purpose. Additionally, the State Bar can collect voluntary donations for the Conference of Delegates of California Bar Associations, a nonprofit separate from the State Bar. It's clarified that this Conference is not part of the State Bar and won't be funded by its mandatory fees.

(a)CA Business & Professions Code § 6031.5(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)CA Business & Professions Code § 6031.5(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)Copy CA Business & Professions Code § 6031.5(c)
(1)Copy CA Business & Professions Code § 6031.5(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)CA Business & Professions Code § 6031.5(c)(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)CA Business & Professions Code § 6031.5(c)(3) This subdivision shall become inoperative on January 1, 2020.

Section § 6032

Explanation

This law allows the State Bar to collect additional voluntary fees along with their annual license fees. The extra money is for funding the California Supreme Court Historical Society, which works to preserve and share the history of the Supreme Court and the Judicial Branch with the public.

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.

Section § 6032.1

Explanation

This law allows the State Bar to collect voluntary donations when collecting license fees, to support California ChangeLawyers, an organization that works to improve the justice system for Californians.

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.

Section § 6032.5

Explanation

This law establishes a special account called the Public Interest Attorney Loan Repayment Account within the State Treasury. Money from specific attorney trust accounts, known as IOLTA accounts, that go unclaimed and default to the state are put into this account. The legislature can then approve these funds to be used by the Student Aid Commission to help pay and manage student loans for public interest attorneys, who work in jobs like legal aid for those in need.

(a)CA Business & Professions Code § 6032.5(a) The Public Interest Attorney Loan Repayment Account is hereby established within the State Treasury.
(b)CA Business & Professions Code § 6032.5(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.

Section § 6033

Explanation

This law allows the State Bar of California to collect voluntary donations from its licensees to support nonprofit organizations providing free legal services to low-income individuals. These funds are distributed without taking any cut for administrative costs, as specified in Section 6216. A task force will be set up to find the best ways to encourage donations and address the gap between the legal needs of low-income people and available resources. The plan is to start implementing this for the 2008 fiscal year and review it periodically.

(a)CA Business & Professions Code § 6033(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)CA Business & Professions Code § 6033(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.

Section § 6034

Explanation

The State Bar of California is allowed to join the Interagency Intercept Collections Program to recover unpaid debts owed to it, such as fines and penalties. Any money collected goes into the State Bar's general fund. This rule is temporary, expiring on January 1, 2026.

(a)CA Business & Professions Code § 6034(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 deposited in the State Bar’s general fund.
(b)CA Business & Professions Code § 6034(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 6034

Explanation

The State Bar of California can join a state program to help collect unpaid debts owed to it, such as fines and penalties. Any money collected will be used for reasons laid out in a related law. This law takes effect on January 1, 2026.

(a)CA Business & Professions Code § 6034(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)CA Business & Professions Code § 6034(b) This section shall become operative on January 1, 2026.

Section § 6034.1

Explanation

This section outlines guidelines for the State Bar of California when exploring a legal 'regulatory sandbox,' which is a testing ground for new ideas or policies. The law requires the State Bar to focus on protecting people from dishonest actors in the legal field and enhancing access to legal aid, especially for those needing legal assistance. It bans corporate ownership of law firms and fee-splitting with nonlawyers to prevent conflicts of interest. The State Bar must also stick to existing laws about unauthorized legal practice but can still issue limited licenses to supervised law students and graduates. Additionally, the statute encourages the use of technology to improve access to justice, soliciting feedback for better service options but forbids spending money on activities that don't align with these rules. This will take effect on January 1, 2025.

(a)CA Business & Professions Code § 6034.1(a) Any entity of the State Bar of California exploring a regulatory sandbox shall do all of the following:
(1)CA Business & Professions Code § 6034.1(a)(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)CA Business & Professions Code § 6034.1(a)(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)CA Business & Professions Code § 6034.1(a)(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)CA Business & Professions Code § 6034.1(a)(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)CA Business & Professions Code § 6034.1(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)CA Business & Professions Code § 6034.1(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)CA Business & Professions Code § 6034.1(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)CA Business & Professions Code § 6034.1(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)CA Business & Professions Code § 6034.1(f) This section shall become operative on January 1, 2025.