AB 100, as introduced, Alejo. California Law Fellowship Program.
Existing law authorizes certain internship and fellowship programs, as specified.
This bill would establish the California Law Fellowship Program for the purpose of offering licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government and encouraging each participant to seek permanent public-sector employment at the conclusion of his or her fellowship, as specified.
Existing law, commonly known as the Code of Ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances.
This bill would provide that the services of a participant in the California Law Fellowship Program are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the so-called Code of Ethics. The bill would also provide that a participant in the program is not an employee of either house of the Legislature for purposes of the Code of Ethics.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) California has the eighth largest economy in the world, and
4its laws have a far-reaching impact on individuals, entities, and
5organizations within the state and throughout the world.
6(b) Because of its extraordinary economic impact and leadership
7on timely issues, California’s statutory framework and legal
8structures have a national and global impact.
9(c) Rapid technological and societal advances require the
10development of public policy in new and evolving areas.
11(d) State government
officials must make informed policy
12decisions about issues that have increasingly complex and
13interrelated legal components.
14(e) California is home to some of the world’s most prestigious
15universities and law schools.
16(f) California is currently facing one of the largest surpluses of
17recent law school graduates in the nation, and the unique education
18and training of these skilled graduates could greatly assist the state
19government in its work.
20(g) Only approximately 5 percent of attorneys nationwide work
21for state governments, meaning that the nation’s state governments
22derive insufficient benefit from those attorneys’ legal training and
23expertise.
24(h) The establishment of a law fellowship program in California
25will enable the state to capitalize on the experience of its law school
26
graduates for the betterment of its government.
Chapter 1.5 (commencing with Section 8050) is added
28to Division 1 of Title 2 of the Government Code, to read:
29
(a) The California Law Fellowship Program is hereby
33established.
P3 1(b) The purpose of the program is to offer licensed attorneys
2and other qualifying law school graduates limited-term placements
3in public sector positions within state government. The program
4shall provide each participant with the opportunity to work in the
5public sector and shall encourage each participant to seek
6permanent public-sector employment at the conclusion of the
7fellowship.
8(c) A participant’s placement with a state agency shall be
9contingent on that agency’s acceptance of the participant, according
10to criteria adopted by the participating state agency for purposes
11of the program.
12(d) (1) It is the intent of the Legislature that participation in the
13program by an attorney or other qualifying law school graduate,
14by a state agency, or by a public official within a state agency shall
15not constitute a gift of public money or thing of value for purposes
16of Section 6 of Article XVI of the California Constitution, a gift
17for purposes of the Political Reform Act of 1974 (Title 9
18(commencing with Section 81000)), or a gift, bequest, or favor for
19purposes of the Code of Judicial Ethics adopted pursuant to
20subdivision (m) of Section 18 of Article VI of the California
21Constitution.
22(2) To the extent feasible, the program shall be designed and
23administered to accomplish the Legislature’s intent as specified
24in this subdivision.
25(e) State funds shall not be used to administer the program.
26(f) For purposes of this section:
27(1) “Program” means the California Law Fellowship Program.
28(2) “Qualifying law school graduate” means a recipient of a law
29degree from a law school accredited by the American Bar
30Association.
Section 8924.7 is added to the Government Code, to
32read:
(a) The Legislature finds and declares that the
34California Law Fellowship Program, established pursuant to
35Chapter 1.5 (commencing with Section 8050) of Division 1,
36establishes a formal fellowship program that provides substantial
37public benefits to the Legislature as a participating state agency.
38(b) The services of a participant in the California Law
39Fellowship Program, whose placement with the Legislature is
40accepted by the Senate Committee on Rules, the Assembly
P4 1Committee on Rules, or the Joint Committee on Rules, as
2appropriate, are not compensation, a reward, or a gift to a Member
3of the Legislature for purposes of paragraph (4) of subdivision (b)
4of Section 8920.
5(c) A
participant in the California Law Fellowship Program,
6whose placement with the Legislature is accepted by the Senate
7Committee on Rules, the Assembly Committee on Rules, or the
8Joint Committee on Rules, as appropriate, is not an employee of
9either house of the Legislature for purposes of this article.
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