BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 28, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          SB  
          1257 (Block) - As Amended June 23, 2016


                              As Proposed to be Amended


          SENATE VOTE:  26-9


          SUBJECT:  STATE BAR: ADMISSION: LICENSE: PRO BONO SERVICE  
          REQUIREMENT


          KEY ISSUE:  SHOULD APPLICANTS FOR LICENSURE AS ATTORNEYS BY THE  
          STATE BAR BE REQUIRED TO PERFORM AT LEAST 50 HOURS OF PRO BONO  
          LEGAL SERVICE PRIOR TO FILING AN APPLICATION FOR ADMISSION TO  
          THE STATE BAR?


                                      SYNOPSIS


          This well-intentioned bill seeks to address two problems in the  
          justice system: the alarming shortage of legal aid for the  
          indigent and those with limited means, and the need for future  
          lawyers to have more practical experience prior to becoming  
          licensed to practice law.  As this Committee has frequently  
          observed with alarm, legal aid organizations have been  
          significantly crippled by the decimation of funding in recent  








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          years.  While the state has long suffered from a wide "justice  
          gap" between the legal needs of poor people and the resources  
          available to address those needs, conditions have deteriorated  
          markedly since 2008, the depths of the last recession, and have  
          not yet recovered.  At the same time, there is a consensus of  
          opinion that prospective lawyers, as well as their future  
          clients, would benefit from more practical legal training under  
          the supervision of licensed attorneys prior to becoming licensed  
          themselves.  


          This bill seeks to address both of these problems to some extent  
          by requiring applicants for licensure as attorneys by the State  
          Bar of California to perform at least 50 hours of pro bono legal  
          service prior to filing an application for admission to the  
          State Bar.  The requirements of this bill are somewhat similar  
          to a recent proposal for a pre-admission competency training  
          program by the State Bar that was approved more than three years  
          ago, but never implemented. It is also similar to a rule adopted  
          recently by the New York State Court of Appeals, requiring  
          applicants for admission to the New York State bar to perform 50  
          hours of pro bono services, on which this legislation appears to  
          be modeled.


          As originally drafted, this bill offered relatively few options  
          for law students to perform pro bono legal service and required  
          the pro bono legal service to be without pay.  As amended on  
          June 23rd, this bill offers far more options for performing pro  
          bono legal service and allows such service to be paid, as long  
          as the client who receives the legal service does not pay the  
          student for the service.  These provisions provide an answer to  
          the questions raised by the original form of the bill, including  
          how a pro bono legal service requirement would affect low-income  
          law students (who need paying jobs).  Recent amendments also  
          exempt licensed attorneys seeking further legal education, and  
          those who are licensed in foreign countries or other states,  
          from the bill's requirements.  This bill is supported by the  
          Conference of California Bar Associations, Monterey College of  








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          Law, the American Civil Liberties Union of California, and has  
          no opposition on file. 


          SUMMARY:  Requires any person who applies to become a licensed  
          California attorney to complete at least 50 hours of pro bono  
          service prior to filing an application for admission with the  
          State Bar of California.  Specifically, this bill:  


          1)Requires an applicant for admission and a license to practice  
            law to complete at least 50 hours of pro bono legal service  
            after the commencement of the applicant's legal studies and  
            prior to admission to practice law.  


          2)States that the purpose of the bill's pro bono legal service  
            requirement is to supplement the applicant's legal education  
            with practical legal work experience and expose the applicant  
            to the professional value of pro bono legal service for the  
            public good.


          3)Requires all qualifying pro bono legal service shall be  
            performed and allows the pro bono legal service, or any  
            portion thereof, to be completed in any state or territory of  
            the United States, the District of Columbia, or any foreign  
            country, as long as in both cases it is under the supervision  
            of one of the following:


             a)   A member of a law school faculty, including adjunct  
               faculty, or an instructor employed by a law school.


             b)   A person with the appropriate licensing to represent the  
               client before the relevant judicial body or government  
               agency, which includes, but is not limited to, an active  
               licensed attorney in good standing.








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             c)   An active licensed attorney in good standing.


          1)Defines "pro bono legal service" as work without compensation  
            from the client who receives the legal service that is  
            designed to benefit the public interest or persons who are  
            indigent or of modest means for one of the individuals,  
            organizations, or programs listed in subdivision (d) that is  
            for one of the following purposes:
             a)   To secure or promote access to justice, including, but  
               not limited to, the protection of civil rights, civil  
               liberties, or public rights.
             b)   To address the economic, health, and social needs of  
               persons who are indigent or of modest means.


             c)   To further the purpose of a charitable, civic,  
               community, governmental, or educational organization where  
               payment of the market rate for legal fees would  
               significantly deplete the organization's resources or would  
               otherwise be inappropriate.


          1)Requires pro bono legal service to be performed with or for  
            any of the following:


             a)   A "legal aid organization," as defined by Section  
               6159.51, or a qualified legal services project or a  
               qualified support center, as defined in Section 6213.


             b)   A nonprofit organization.


             c)   A charitable, civic, community, governmental, or  
               educational organization.








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             d)   An externship, law school clinic or other placement  
               approved for credit hours by a law school, or law  
               school-sponsored project, in which the applicant is  
               assigned work that otherwise meets the criteria of this  
               section.


             e)   A law firm, including a solo practitioner, or other  
               legal services provider where the applicant is assigned  
               work that otherwise meets the criteria of this section.


             f)   A State Bar-certified lawyer referral and information  
               services panel that provides legal services to the indigent  
               or persons of modest means without charge or for less than  
               market rate.


             g)   An attorney incubator program or nonprofit law  
               corporation affiliated with a law school or bar association  
               that provides legal services to the indigent or persons of  
               modest means without charge or for less than market rate.


          1)Provides that the provisions of the bill do not prohibit an  
            applicant from receiving compensation, including, but not  
            limited to, a salary, for performing pro bono legal service  
            that is paid by a person or entity other than the client who  
            receives the pro bono legal service.
          2)Requires the 50 hours of pro bono legal service to be provided  
            after the commencement of the applicant's legal studies, and  
            prior to admission.


          3)Prohibits an applicant from satisfying any part of the 50-hour  
            requirement by participating in any partisan political  
            activities.








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          4)Exempts from the pro bono legal service requirement all of the  
            following: 


             a)   An applicant who is already admitted to practice in any  
               state, territory, or foreign jurisdiction.
             b)   An applicant who has earned a J.D. or its equivalent in  
               a foreign jurisdiction and is qualified to practice without  
               a separate admission process in that jurisdiction.


             c)   An applicant qualifying for admission by completion of  
               an LL.M. degree program.


          5)Requires each law school to publicly disclose, on its Internet  
            Web site through a link from the Internet Web site homepage of  
            the law school under "Pro Bono Legal Service Requirement for  
            Law Students," all of the following information:
             a)   A description of the requirements of this section.
             b)   Links to programs available to students at the school  
               and in the local community that provide opportunities for  
               pro bono legal service and allow students to comply with  
               the requirements of this section.


             c)   Times and dates when the programs are open or available  
               to students.


          6)Requires the State Bar to publicly disclose on its Internet  
            Web site, with a link from the "Future Lawyers" or  
            "Admissions" Internet Web page of the State Bar under "Pro  
            Bono Legal Service Requirement for Law Students," all of the  
            following information:
             a)   A description of the pro bono legal service requirement.
             b)   A link to the information about pro bono legal service  








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               opportunities for each law school in the state that  
               provides its link to that information to the State.


          7)Requires the State Bar to randomly audit the compliance  
            documentation applicants submit to document their compliance  
            with the pro bono legal service requirement but states that it  
            does not require the State Bar to audit or investigate any  
            service providers for which work was done by an applicant or  
            to evaluate the substance of any work that was done by an  
            applicant.
          8)Makes the provisions of the bill apply to all applicants who  
            enter law school on or after January 1, 2018.


          EXISTING LAW:  


          1)Provides that the State Bar's highest priority is protection  
            of the public, and, whenever the protection of the public is  
            inconsistent with other interests sought to be promoted, the  
            protection of the public shall be paramount.  (Bus. & Prof.  
            Code Sec. 6001.1.  All further statutory references are to the  
            Business & Professions Code, unless otherwise indicated.)


          2)Requires that attorneys who wish to practice law in California  
            generally must be admitted and licensed in this state and must  
            be a member of the State Bar.  (Cal. Const., Art. VI, Sec. 9.)


          3)Specifies requirements for an individual to be certified by  
            the Supreme Court for admission and a license to practice law,  
            including but not limited to, having to pass the general bar  
            examination, passing an examination in professional  
            responsibility, and having to complete certain legal education  
            in a law school, law office, or judge's chambers.  (Section  
            6060.)









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          4)Requires every contract with the state for legal services that  
            exceeds fifty thousand dollars ($50,000) to include a  
            certification by the contracting law firm that the firm agrees  
            to make a good faith effort to provide, during the duration of  
            the contract, a minimum number of hours of pro bono legal  
            services, or an equivalent amount of financial contributions  
            to qualified legal services projects and support centers.   
            (Section 6072 (a).)


          5)Provides that every lawyer authorized and privileged to  
            practice law in California is expected to make a contribution  
            to provide voluntary pro bono legal services to those who  
            cannot afford the help of a lawyer and allows a lawyer to  
            fulfill his or her pro bono goals in part by providing  
            financial support to organizations providing free legal  
            services to persons of limited means equal to, at minimum, the  
            approximate value of the hours of pro bono legal service that  
            he or she would otherwise have provided.  (Section 6073.)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  As this Committee has frequently observed with alarm,  
          legal aid organizations have been significantly crippled by the  
          decimation of funding in recent years.  While the state has long  
          suffered from a wide "justice gap" between the legal needs of  
          poor people and the resources available to address those needs,  
          conditions have deteriorated markedly since 2008, the depths of  
          the last recession, and have not yet recovered.  As a result,  
          millions of people in California and across the nation now  
          appear in court every year without legal representation - a  
          trend that began in the 1990s after federal limits were imposed  
          on legal aid programs, and one that has worsened with the  
          current economic recession.  As these unrepresented parties  
          attempt to navigate our civil justice system they encounter an  








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          open secret known to every judge and lawyer: even if the law is  
          on your side, if you don't have a lawyer you may have no rights  
          at all.  Even greater numbers of people may simply be forced to  
          give up their rights without attempting to represent themselves,  
          knowing the odds are hopeless.


          Over 45 years ago the U.S. Supreme court in Gideon v. Wainwright  
          (1963) 372 U.S. 335 recognized the "obvious truth" that any  
          person hauled into court who is too poor to hire a lawyer cannot  
          be assured a fair trial unless legal counsel is provided.  Of  
          course, it's not that judges favor lawyers; it's that in our  
          adversarial system of justice, judges largely rely on the  
          parties to present the case.  Not surprisingly, studies show  
          that unrepresented parties are likely to lose - even if their  
          case is meritorious, and particularly if their opponent is  
          represented by a lawyer.  


          In recognition of the need for indigent civil litigants in  
          California to be represented by legal counsel, the State of  
          California enacted the Sargent Shriver Civil Counsel Act in 2009  
          (AB 590 (Feuer), Chapter 457, Statutes of 2009) to provide legal  
          representation to low-income parties in civil matters involving  
          critical issues affecting basic human needs.  The Act created  
          seven pilot projects operated by legal services nonprofit  
          corporations working in collaboration with local courts and  
          other legal services providers in the community to provide legal  
          representation to low-income Californians at or below 200  
          percent of the federal poverty level.  The purpose of these  
          services is to ensure that unrepresented parties in the proposed  
          case types have meaningful access to justice; guard against the  
          involuntary waiver of rights, or the disposition of cases by  
          default, in the selected legal areas; and encourage the fair and  
          expeditious resolution of disputes, consistent with principles  
          of judicial neutrality. 


          The Shriver pilot projects started in fiscal year 2011-2012 and  








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          were initially authorized for a three-year period, subject to  
          renewal.  All pilots and funding will terminate after six years  
          (in 2017) unless the Legislature extends the statutory authority  
          for the program this year.  Total available funding for all  
          projects is $9.5 million per year, funded by a special 10 dollar  
          supplemental filing fee on certain post-judgment motions. 


          This bill seeks to address the problem of access to justice and  
          legal services by requiring, as a prerequisite to licensure by  
          the State Bar, law students to complete at least 50 hours of pro  
          bono legal service after the commencement of the applicant's  
          legal studies, and prior to filing an application for admission  
          and a license to practice law.  However, the type of practical  
          legal work that meets the definition of "pro bono legal service"  
          under the bill is not strictly limited to legal work for the  
          indigent.  Work for "a legal aid organization as defined by  
          Section 6159.51" and work for a "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," both of which are  
          included in the bill's definition of "pro bono legal service,"  
          seem to meet the criteria (with the exception of allowing work  
          that is not primarily designed for those purposes).  The bill  
          also includes the following within its definition of pro bono  
          legal service: work for 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."  While this work would not exclusively  
          benefit the indigent or those of limited means, it arguable  
          would benefit the public as a whole.


          Pending (and Apparently Stalled) Efforts by the California State  
          Bar to Adopt Similar Rules.  More than four years ago, in  
          February, 2012, the Board of Trustees of the State Bar approved  
          the appointment of the Task Force on Admissions Regulation  
          Reform (Task Force, or TFARR) to examine whether the State Bar  
          should develop a regulatory requirement for a pre-admission  








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          competency training program and if so, propose such a program to  
          the Supreme Court.  The Task Force held eight public hearings in  
          the State Bar's Los Angeles and San Francisco offices where it  
          heard testimony from practitioners, legal academics, judges,  
          clients, other state bar associations and members of the public.  
           The Task Force also considered an extensive body of research  
          and literature on the topic of law practice competency skills  
          training for new lawyers. 


          On June 11, 2013 the Task Force received and referred the Phase  
          I Final Report with three competency training recommendations,  
          including a requirement for 50 hours of pro bono legal service  
          prior to admission, to the Board Committee on Regulation,  
          Admissions and Discipline Oversight with a recommendation to  
          send the final report out for public comment.  In July of 2013,  
          the committee authorized 45 days of public comment, during which  
          it received 30 public comments.  In October of 2013, the Board  
          of Trustees adopted the recommendation and authorized the  
          creation of a special committee to devise an implementation plan  
          for the proposals.  However, the 50 hour pro bono requirement  
          has yet to be implemented by the State Bar. 


          Similar Efforts in Other States.  On September 14, 2012, the New  
          York State Court of Appeals adopted a new rule requiring  
          applicants for admission to the New York State bar to perform 50  
          hours of pro bono services. Because of the close similarity in  
          language, the New York rule appears to be the model for this  
          legislation.


          Valuable Insight from Former TFARR Members.  This bill appears  
          to be motivated, at least to some extent, by frustration with  
          the State Bar's failure to enact a new requirement for  
          applicants for licensure to perform pro bono legal service.   
          According to the author:










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            On October 12, 2013, the State Bar's Board of Trustees adopted  
            the Phase I Final Report of the Task Force on Admissions  
            Regulations Reform (TFARR). One of the three proposed  
            competency training proposals was a 50 hour pro bono  
            component. The report describes the benefits to bar applicants  
            and the profession if the program were enacted.  However to  
            date, the 50 hour pro bono requirement has yet to be  
            implemented. This bill will insure that this important program  
            is enacted and becomes a requirement in order to practice law  
            in this state.


          Regardless of the merit of the above issues and considerations,  
          the lack of action on behalf of the State Bar to implement any  
          TFARR recommendations leads some, including the bill's author  
          apparently, to believe that legislative action is appropriate.  


          Shortly before this bill was first scheduled to be heard in this  
          Committee, former members of the TFARR contacted the author and  
          the Committee to add their input about the content of the bill.  
          As a result of input from the former TFARR members, this bill is  
          far more flexible in its provisions and offers a plethora of  
          opportunities for law students to complete the 50 hours of pro  
          bono legal service required by the bill.  At the same time,  
          recent amendments to the bill clarify that all pro bono legal  
          service, regardless of how and where it is performed, must  
          further one of several purposes that promote access to justice  
          and pro bono legal service to the public, the indigent, and  
          those of modest means.  Specifically, the recent amendments  
          require that the legal service be performed for one of the  
          following purposes: 


             1)   To secure or promote access to justice, including, but  
               not limited to, the protection of civil rights, civil  
               liberties, or public rights.
             2)   To address the economic, health, and social needs of  
               persons who are indigent or of modest means.








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             3)   To further the purpose of a charitable, civic,  
               community, governmental, or educational organization where  
               payment of the market rate for legal fees would  
               significantly deplete the organization's resources or would  
               otherwise be inappropriate.
          

          As a result, the bill reasonably ensures that not only can  
          students readily provide opportunities to perform the 50 hours  
          of pro bono legal service, but that the service serves the  
          public, as well.


          The Bill Does Not Exempt Low-Income Law Students from the Pro  
          Bono Legal Service Requirement, but Provides Opportunities to  
          Complete the Requirement That Allow Low-Income Students to be  
          Paid and Gain Work Experience. How would the requirement for pro  
          bono legal service to be "without compensation" affect  
          low-income students?  The TFARR acknowledged the issue of how  
          the practical work requirements contemplated by the Bar would  
          affect students already struggling with debt:


               An issue raised by many witnesses who appeared before the  
               Task Force as well as by many Task Force Members is the  
               financial impact of any new competency training  
               requirement. Many recent law graduates face staggering  
               levels of debt . . . and as a result, mandating that these  
               graduates bear the burden of paying additional monies to  
               fulfill new competency training requirements is a matter of  
               great concern. Of all the concerns expressed about whether  
               to add any new requirements, we find this one to be the  
               weightiest, especially given the challenges that so many  
               new admittees face today in finding employment.  
               (  http://www.calbar.ca.gov/portals/0/documents/bog/bot_ExecDi 
               r/ADA%20Version_STATE_BAR_TASK_FORCE_REPORT_%28FINAL_AS_APPR 
               OVED_6_11_13%29_062413.pdf  )








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          For some students, especially those who need paying jobs in  
          order to attend law school, the requirement to work 50 hours  
          "without compensation" could constitute a financial hardship.   
          As originally in print, this was a significant issue.  However,  
          as amended on June 23rd, the bill now provides not only a large  
          number of options for students to fulfill the pro bono legal  
          service requirement (including during the course of regular  
          coursework), but it also allows students to be paid for their  
          service, as long as they are not paid by the clients who receive  
          the benefit of their legal service.  So if a student had a paid  
          job at a law firm, the student could fulfill the 50 hour pro  
          bono legal service requirement by working for indigent or modest  
          means clients who obtain free or reduced fee legal services from  
          the law firm.  Because of these recent amendments, the pro bono  
          legal service requirement should be relatively easy for all  
          students to complete and no exemption from the requirement is  
          necessary.  Furthermore, the pro bono legal service can provide  
          valuable experience and training for law students that also  
          makes students more employable upon graduation.  All students,  
          regardless of income, should be able to take advantage of this  
          same valuable opportunity.  


          Will this pro bono legal service requirement become a substitute  
          for state-funded legal aid, even though legal advice from law  
          students is not equivalent to (and should not be a substitute  
          for) legal advice and representation by legal counsel?  To some  
          extent, this bill is motivated by an admirable desire to match  
          the need of the indigent and low-income for legal services with  
          the need of law students for practical experience.  It would  
          provide legal assistance to the poor while also providing  
          practical experience to law students, which would seem to be a  
          win for both low-income individuals and law students.  The  
          California Conference of Bar Associations writes the following  
          in support of the bill: 










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               The need for affordable legal services in California is  
               dire. Eight out of ten people living below the poverty  
               line, and six out of ten middle-class litigants, have no  
               lawyer in civil matters.  As noted in the 2015 report of  
               the State Bar of California's Civil Justice Strategies Task  
               Force, "Despite the existence of a diverse, statewide  
               network of non-profit legal services organizations,  
               millions of low and moderate income Californians are unable  
               to access affordable legal assistance when they need it. .  
               . A lack of adequate legal assistance can have dire  
               consequences, including a loss of income, housing, or  
               educational opportunities; family instability; damage to  
               physical or mental health; or verbal or physical violence  
               or threats of violence."


               For this reason, the CCBA in recent years has endorsed  
               implementation of a statewide "Civil Gideon" program  
               providing free counsel by right to indigent litigants in  
               civil matters, as well as a mandatory pro bono requirement  
               for the State's attorneys.  SB 1257, with its requirement  
               that law students provide pro bono legal services under the  
               direction of experienced attorneys to legal services  
               organizations, nonprofit organizations dedicated to the  
               protection of civil rights, civil liberties, or public  
               rights, and other organizations dedicated to addressing the  
               economic, health, and social needs of persons who are  
               indigent or of limited means, takes a small but important  
               step towards achieving these essential goals.


          While it is a worthy goal to match the needs of law students for  
          practical legal experience with the need of the low income for  
          legal representation, the services of law students are not  
          equivalent to those of a licensed and experienced attorney and  
          should not be considered a reasonable substitute.  Fortunately,  
          the Legislature has renewed its commitment to funding access to  
          justice and legal aid by reauthorizing and making permanent the  
          Sargent Shriver Civil Counsel Act, which was scheduled to sunset  








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          in 2017. 


          Does the Legislature have the authority to mandate this  
          requirement as a condition of admission to practice law in  
          California?  As a general matter, the question whether an  
          applicant should be admitted to the State Bar and thereby obtain  
          a license to practice law in California is governed by state  
          law.  In California, the general requirements and standards for  
          admission to the State Bar are set forth both in statutory  
          provisions enacted by the Legislature (Bus. & Prof. Code, § 6060  
          et seq.) and in court rules that are promulgated by the Supreme  
          Court (see, e.g., Cal. Rules of Court, rule 9.30 [Rules on Law  
          Practice, Attorneys, and Judges]; see also Rules of State Bar,  
          rules 4.1 to 4.269 [Admissions and Educational Standards]). 


          Although both the Legislature and this court possess the  
          authority to establish rules regulating admission to the State  
          Bar, under the California Constitution the Supreme Court bears  
          the ultimate responsibility and authority for determining the  
          issue of admission. (See, e.g., Hustedt v. Workers' Comp.  
          Appeals Bd. (1981) 30 Cal.3d 329, 336-337 ["In California, the  
          power to regulate the practice of law, including the power to  
          admit and to discipline attorneys, has long been recognized to  
          be among the inherent powers of the article VI courts. Indeed,  
          every state in the United States recognizes that the power to  
          admit and to discipline attorneys rests in the judiciary." (fn.  
          omitted)]; In re Lavine (1935) 2 Cal.2d 324, 328."].  (In re  
          Garcia (2014) 58 Cal.4th 440, 451-452.)  "An attorney is an  
          officer of the court and whether a person shall be admitted [or  
          disciplined] is a judicial, and not a legislative, question."   
          (In re Attorney Discipline System (1998) 19 Cal. 4th 582, 592.)   



          However, "it is generally conceded that the legislature may  
          prescribe reasonable rules and regulations for admission to the  
          bar which will be followed by the courts. The regulations so  








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          prescribed must ? be reasonable and shall not deprive the  
          judicial branch of its power to prescribe additional conditions  
          under which applicants shall be admitted, nor take from the  
          courts the right and duty of actually making orders admitting  
          them."  (In re Garcia, supra, 58 Cal.4th at pp. 451-452.)


          In the case of this bill, SB 1257 proposes to add one additional  
          requirement for admission to the bar: 50 hours of Pro Bono legal  
          service. The question of whether the bill violates article VI of  
          the California Constitution by interfering with or usurping the  
          role of the Supreme Court in licensing issues hinges upon  
          whether the pro bono requirement is reasonable and whether, in  
          the words of the Supreme Court itself in Garcia, it would  
          "deprive the judicial branch of its power to prescribe  
          additional conditions under which applicants shall be admitted,  
          nor take from the courts the right and duty of actually making  
          orders admitting them."  Here, the Legislature would not be  
          dictating to the Supreme Court that applicants who complete pro  
          bono legal service must be admitted to practice law.  The bill  
          is merely placing a reasonable requirement - related to the  
          worthy goals "to supplement the applicant's legal education with  
          practical legal work experience and expose the applicant to the  
          professional value of pro bono legal service for the public  
          good"- on law students "after the commencement of the  
          applicant's legal studies, and prior to admission."


          In an abundance of caution and to avoid interfering with the  
          Supreme Court's plenary power over admission to the bar, the  
          author may want to amend the bill to make the requirements of  
          the bill applicable to prior to submitting an application for  
          admission, or to make the enactment of the requirements in the  
          bill "subject to approval by the Supreme Court as a new  
          condition of admission to the State Bar." 


          Clarifying Amendments.  In order to clarify a number of issues,  
          the author proposes the following amendments:








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                                                                    Page  18







          On Page 2, at line 15, strike out "adjunct" and insert:  
          "part-time"


          On Page 2, at line 24, strike out "both of"


          On Page 3, between lines 17 and 18, insert: 


            (3) "Attorney Incubator Program" means a postgraduate training  
            program that helps attorneys learn how to develop and sustain  
            law firms.


          On Page 4, line 3: strike out: ", or non-profit law corporation"


          On Page 5, lines 18-19, make the following changes:


             (C)  Times  To the extent practicable, information about times  
            and dates when the programs are open or available to students  
            that has been provided to the law school by the pro bono legal  
            service program provider.  


          PRIOR SIMILAR LEGISLATION:  AB 2684 ((Assembly Judiciary  
          Committee), Chapter 758, Statutes of 2012) provides that court  
          interpreter fees may also be recovered when the court has  
          authorized a court interpreter for an indigent person who is  
          represented by pro bono attorney and allows that the  
          certification of pro bono legal services for a legal services  
          contract with the state exceeding $50,000 to be fulfilled by a  
          certification to make either a good faith effort to provide the  
          specified minimum number of hours of pro bono legal services or  
          an equivalent amount of financial contributions to qualified  








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                                                                    Page  19





          legal services and support centers.


          AB 1403 ((Assembly Judiciary Committee), Chapter 409, Statutes  
          of 2011) allows indigent parties to recover the cost of court  
          interpreters when they are the prevailing party and are  
          represented without charge by a qualified nonprofit legal  
          services organization.


          AB 590 ((Feuer), Chapter 457, Statutes of 2009) creates a fully  
          self-supported pilot project, the Sargent Shriver Civil Counsel  
          Act, for the appointment of legal representation for  
          unrepresented low-income parties in civil matters involving  
          critical issues, such as domestic violence, child custody and  
          elder abuse.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Conference of California Bar Associations


          Monterey College of Law


          American Civil Liberties Union of California




          Opposition









                                                                    SB 1257


                                                                    Page  20






          None on file




          Analysis Prepared by:Alison Merrilees / JUD. / (916)  
          319-2334