AttorneysAdministration
Section § 6010
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.
Section § 6011
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.
Section § 6012
Section § 6013.1
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.
Section § 6013.3
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.
Section § 6013.5
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.
Section § 6013.5
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.
Section § 6013.6
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.
Section § 6015
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.
Section § 6016
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.
Section § 6016.2
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.
Section § 6019
This law states that each position on a board, when it's being filled, is considered its own distinct role or office.
Section § 6020
This law specifies that the State Bar's leadership includes a chair, a vice chair, and a secretary.
Section § 6021
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.
Section § 6023
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.
Section § 6024
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.
Section § 6025
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.
Section § 6026.11
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.
Section § 6026.7
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.
Section § 6027
The State Bar can hold special meetings whenever and wherever the board decides.
Section § 6028
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.
Section § 6029
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.
Section § 6030
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.
Section § 6031
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.
Section § 6031.5
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.
Section § 6032
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.
Section § 6032.1
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.
Section § 6032.5
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.
Section § 6033
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.
Section § 6034
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.
Section § 6034
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.
Section § 6034.1
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.