BILL ANALYSIS
AB 2485
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Date of Hearing: May 4, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2485 (Feuer) - As Introduced: February 19, 2010
SUBJECT : OUT-OF-STATE LAWYERS: COURT FEES
KEY ISSUE : DO COURT BUDGET SHORTFALLS JUSTIFY INCREASING THE
RELATIVELY LOW EXISTING FEE PAID BY OUT-OF-STATE LAWYERS FOR THE
PRIVILEGE OF TEMPORARILY PRACTICING LAW IN CALIFORNIA WITHOUT A
LICENSE?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
Lawyers in other states are afforded the privilege of making
limited appearances in California without being licensed to
practice in California if they obtain the approval of a court.
The current court fee for this special admission is $250. This
uncontroversial bill would increase the fee to $500 as part of
the overall solution for addressing ongoing court funding needs.
Other states have likewise increased such fees on California
and other lawyers by a comparable amount. The bill is jointly
sponsored by plaintiffs' and defense lawyers who are also
interested in using the bill to improve civil case efficiencies
in various ways to be determined with additional discussions.
SUMMARY : Increases the fee paid by non-California lawyers who
seek admission to practice in a particular case. Specifically,
this bill increases the existing fee from $250.00 to $500.00,
with the funds going for the support of the courts.
EXISTING LAW specifies various uniform fees for filing specified
documents in connection with certain civil proceedings,
including a fee of $250.00 for filing in the superior court an
application to appear as counsel pro hac vice. (Government Code
Section 70617.)
COMMENTS : In support of the bill the author states:
"Non-California lawyers are entitled to temporarily practice law
in California by obtaining court approval to file an appearance
in a matter without having satisfied the terms for admission to
AB 2485
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the Stat Bar required of California residents. For this
privilege, these out-of-state lawyers pay a modest fee of $250.
This bill would increase that fee in order to provide critical
financial support of the court system in which they are allowed
to practice."
Co-sponsor California Defense Counsel states: "AB 2485 makes a
narrow change to the Government Code to increase fees charged
for pro hac vice appearances (appearances by out-of-state
counsel) from $250 to $500. We are advised that pro hac vice
fees in many states have been increased in recent years. It is
not unreasonable that lawyers in other states, offered the
privilege of temporarily practicing law in California pursuant
to their out-of-state licenses, help defray expenses in our
courts as California lawyers are asked to do when practicing
outside our state. More broadly, AB 2485 is part of a
discussion about aligning court fees with expenses in handling
various parts of cases, and how to streamline procedures to
accomplish efficiencies in the courts. Should consensus items
be identified, AB 2485 might be an appropriate vehicle to make
changes; of course, in that case, the Committee will be asked to
re-evaluate the bill if it changes. AB 2485 is a small piece of
an absolutely critical discussion of court funding.
Co-sponsor Consumer Attorneys of California states, "AB 2485
increases the fees charged for pro hac vice appearances by
out-of- state attorneys from $250 to $500. This change is
necessary to help generate critically needed funds in this time
of severe budget difficulties. It is expected that such an
increase will generate over a half million dollars in additional
funds for the courts annually. Beyond its existing language,
this bill is also intended as a vehicle for discussions on
additional ways to increase efficiencies in the civil courts.
We have been involved in discussions with the bench and bar on
how civil courts can be run in the most effective way possible,
saving time and costs for all involved. We hope that as this
bill moves through the process it can be amended to add civil
efficiency measures that reflect best practices from around the
state. At a time when the courts are struggling with horrendous
budget cuts and struggling to provide the most basic level of
services, it is critical to make sure that they operate at
maximum efficiency."
REGISTERED SUPPORT / OPPOSITION :
AB 2485
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Support
California Defense Counsel (co-sponsor)
Consumer Attorneys of California (co-sponsor)
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334