BILL NUMBER: SB 1257 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN SENATE MAY 3, 2016
INTRODUCED BY Senator Block
FEBRUARY 18, 2016
An act to add Section 6060.1.5 to the Business and Professions
Code, relating to the State Bar Act.
LEGISLATIVE COUNSEL'S DIGEST
SB 1257, as amended, Block. State Bar: admission: license: pro
bono service requirement.
Existing law, the State Bar Act, requires an applicant for
admission and a license to practice law, to meet certain
requirements, including, but not limited to, having completed certain
legal education in a law school, law office, or judge's chambers,
passed an examination in professional responsibility, and passed the
general bar examination. Existing law prohibits a person from
practicing law in this state unless he or she is an active member of
the State Bar.
This bill would additionally require an applicant, prior to
filing an application for admission and a license to
practice, admission, to complete at least 50
hours of supervised pro bono legal service, as specified,
in order to supplement the applicant's legal education with practical
legal work experience. Upon completion of the pro bono legal
service requirement, the bill would require an applicant
and the supervising attorney or active judge to
complete, sign, and submit complete and sign a
form to the State Bar confirming completion of the
pro bono service, and service. The bill
would require the State Bar to adopt rules for the submission and
retention of the certification forms. The bill would
authorize the State Bar to create the form upon which an applicant
can report completion of pro bono service. The bill would require the
State Bar to randomly audit applicants to ensure completion of 50
hours of pro bono legal service. The bill would provide
that these provisions become operative on January 1, 2018.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6060.1.5 is added to the Business and
Professions Code, to read:
6060.1.5. (a) In addition to satisfying the requirements in
Section 6060, irrespective of the manner or law school in which an
applicant acquires his or her legal education, an applicant for
admission and a license to practice shall complete at least 50 hours
of pro bono legal service prior to filing an application.
The purpose of this pro bono legal service is to supplement the
applicant's legal education with practical legal work experience.
(b) The pro bono legal service shall be supervised by
an active licensed attorney in good standing.
(c) For the purposes of this section, "pro bono legal
service" means work that does either without
compensation except for costs in the provision of legal service to
any of the following:
(1) Assists in the provision of legal services without
charge for persons of limited means, not-for-profit organizations, or
individuals, groups, or organizations seeking to secure or promote
access to justice, including, but not limited to, the protection of
civil rights, civil liberties, or public rights. A
"legal aid organization" as defined by Section 6159.51.
(2) Assists in the provision of legal assistance in
public service for a judicial, legislative, executive, or other
governmental entity. A nonprofit group or organization
seeking to secure or promote access to justice, including, but not
limited to, the protection of civil rights, civil liberties, or
public rights.
(3) A charitable, civic, community, governmental, or educational
organization in matters designed primarily to address the economic,
health, and social needs of persons who are indigent or of limited
means.
(d) Subject to subdivision (b), the 50 hours of pro bono
legal service, or any portion thereof, may be completed in any
state or territory of the United States, the District of Columbia, or
any foreign country. country and may be
supervised by an attorney who is licensed to practice law or an
active judge in the jurisdiction where the service is completed.
(e) The 50 hours of pro bono legal service shall be
provided after the commencement of the applicant's legal studies, and
prior to filing an application for admission and a license
to practice. admission.
(f) Upon completion of the pro bono legal service
requirement, an applicant shall complete a form describing the nature
and dates of pro bono legal service and the number of
hours completed. Both the applicant and the supervising attorney
or active judge shall sign the form. The applicant
shall submit the signed form to the State Bar. The
State Bar shall adopt rules for the submission to, and retention by,
the State Bar of the certification forms.
(g) No applicant may satisfy any part of the 50-hour requirement
by participating in any partisan political activities.
(h) The State Bar may create the form upon which the applicant can
report completion of pro bono legal service.
(i) The State Bar shall randomly audit applicants to ensure
completion of 50 hours of pro bono legal service.
(j) This section shall become operative on January 1, 2018.