BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                        VETO


          Bill No:  SB 1257
          Author:   Block (D)
          Amended:  6/30/16  
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  6-1, 4/26/16
           AYES:  Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski
           NOES:  Anderson

           SENATE FLOOR:  26-9, 5/9/16
           AYES:  Allen, Anderson, Block, De León, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva,  
            Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Pan,  
            Pavley, Roth, Wieckowski, Wolk
           NOES:  Berryhill, Cannella, Fuller, Huff, Morrell, Nguyen,  
            Nielsen, Stone, Vidak
           NO VOTE RECORDED:  Bates, Beall, Gaines, Galgiani, Runner

           SENATE FLOOR:  26-12, 8/15/16
           AYES:  Allen, Beall, Block, De León, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara,  
            Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan,  
            Pavley, Roth, Wieckowski, Wolk
           NOES:  Anderson, Bates, Cannella, Fuller, Gaines, Huff,  
            Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak
           NO VOTE RECORDED:  Berryhill

           ASSEMBLY FLOOR:  42-31, 8/4/16 - See last page for vote
           
           SUBJECT:   State Bar:  admission:  license:  pro bono service  
                     requirement


          SOURCE:    Author









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          DIGEST:   This bill, to achieve greater access to justice for  
          indigent unrepresented Californians, requires those who apply to  
          become licensed California attorneys, with certain exceptions,  
          to complete at least 50 hours of pro bono legal service, as  
          defined, prior to admission with the State Bar of California. 


          Assembly Amendments clarify who is eligible to supervise the pro  
          bono legal service, the definition of "pro bono legal service,"  
          what qualifies as pro bono legal service, and the process for  
          certifying completion of the hours.  The amendments exempt  
          certain applicants from the pro bono legal services requirement  
          and add disclosure requirements for law schools and the State  
          Bar related to the pro bono legal service requirement.  The  
          amendments add that an applicant may receive compensation 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.  The amendments add definition of "modest means" and  
          "attorney incubator programs."  The amendments add that the new  
          pro bono legal services requirement applies to applicants that  
          enter law school on or after January 1, 2018.  The amendments  
          add that the purpose of the service requirement is also to  
          expose the applicant to the professional value of pro bono legal  
          service for the public good.  The amendments also make  
          clarifying nonsubstantive changes.


          ANALYSIS:   


          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.  

           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.









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           3) Sets forth 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. 

           4) 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.

          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, as defined, prior to admission with the State Bar of  
             California.

           2) 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 following  
             purposes:

                   to secure or promote access to justice, including, but  
                not limited to, the protection of civil rights, civil  
                liberties, or public rights;
                   to address the economic, health, and social needs of  
                persons who are indigent or of modest means; or
                   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) Defines "modest means" as low income, very low income, or  
             extremely low income under the official state income limits  
             established by the Department of Housing and Community  
             Development under Section 50093 of the Health and Safety Code  
             or under comparable official state income limits in another  
             United States jurisdiction.








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           2) Defines "attorney incubator program" as a postgraduate  
             training program that teaches attorneys how to form, develop,  
             and sustain law firms.

           3) Provides that all qualifying pro bono legal services shall  
             be performed under the supervision of:

                   a member of a law school faculty, including part-time  
                faculty, or an instructor employed by a law school;
                   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; or 
                   an active licensed attorney in good standing.

           1) Provides that:

                   pro bono legal service may be completed in any state  
                or territory of the United States, the District of  
                Columbia, or any foreign country;
                   no applicant may satisfy any part of the 50-hour  
                requirement by participating in any partisan political  
                activities; 
                   pro bono legal service shall be provided after the  
                commencement of the applicant's legal studies, and prior  
                to admission;
                   an applicant may receive compensation 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; and 
                   pro bono legal service requirements do not apply to  
                applicants that are already admitted to practice law, who  
                have earned a J.D. or its equivalent in a foreign  
                jurisdiction and are qualified to practice without a  
                separate admission process in that jurisdiction, or  
                qualify for admission by completion of an LL.M. degree  
                program.

           1) Requires that pro bono legal service be performed with any  
             of the following:









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                   a legal aid organization as defined by Bus. & Prof.  
                Code section 6159.51 or a qualified legal services project  
                or a qualified support center as defined in Bus. & Prof.  
                Code section 6213;
                   a nonprofit organization;
                   a charitable, civic, community, governmental, or  
                educational organization;
                   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;
                   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;
                   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; or
                   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) Requires, 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 and submit the form to the State Bar, as  
             specified.

           2) Allows the State Bar to create the form upon which the  
             applicant can report completion of pro bono legal service,  
             requires the State Bar to adopt rules for its retention of  
             the certification forms, and requires the state bar to  
             randomly audit the compliance documentation applicants submit  
             to ensure their completion of pro bono hours.

           3) Requires law schools and the State Bar to make public  
             disclosures related to the pro bono legal service  
             requirements, as specified.









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           4) States that the purpose of the 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.

           5) Specifies the requirements of this bill apply to all  
             applicants who enter law school on or after January 1, 2018.

          Background

          In 1963, the United States Supreme Court decided Gideon v.  
          Wainright (1963) 372 U.S. 335, in which it unanimously ruled  
          that state courts are required under the Sixth Amendment of the  
          Constitution to provide counsel in criminal cases for defendants  
          unable to afford their own attorneys.

          The U.S. Supreme Court, however, has declined to extend the  
          right to counsel to indigents in civil proceedings.  In Lassiter  
          v. Department of Social Services (1981) 452 U.S. 18, the Court  
          affirmed that an indigent litigant's right to an appointed  
          counsel applies only when the litigant may be deprived of his or  
          her personal liberty.  Consequently, the United States mainly  
          relies upon limited legal services and pro bono programs to  
          provide indigent litigants representation in civil matters.

          Existing law provides that it has been the tradition of those  
          learned in the law and licensed to practice law in this state to  
          provide voluntary pro bono legal services to those who cannot  
          afford the help of a lawyer; that every lawyer authorized and  
          privileged to practice law in California is expected to make a  
          contribution; that in some circumstances, it may not be feasible  
          for a lawyer to directly provide pro bono services; and that in  
          those circumstances, a lawyer may instead fulfill his or her  
          individual pro bono ethical commitment, in part, by providing  
          financial support to organizations providing free legal services  
          to persons of limited means.

          In recent years, there has been a growing movement, to provide  
          legal counsel as a matter of right to indigent litigants in  
          matters where basic human needs are at stake.  Proponents argue  
          that meaningful access to the civil justice system is largely  








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          dependent upon legal representation; and that the likelihood of  
          a just result is significantly increased by competent  
          representation.  In recognition of the need for indigent civil  
          litigants in California to be represented by legal counsel, the  
          State of California enacted a pilot project, the Sargent Shriver  
          Civil Counsel Act, in selected courts to provide legal  
          representation to low-income parties in civil matters involving  
          critical issues affecting basic human needs.

          To achieve greater access to justice for indigent unrepresented  
          Californians, this bill requires any person who applies to  
          become a licensed California attorney to complete at least 50  
          hours of pro bono service, as specified, prior to admission with  
          the State Bar of California.

          Comments

          The author writes:

            During their tenure at law school, students have a heavy  
            course load and are most likely involved in extracurricular  
            activities.  However, most law students do not get hands on  
            experience in the area they are pursuing, nor do they get to  
            compare the different types of work they may be involved in  
            post-graduation.  Although there are already various  
            requirements that must be met in order to sit for the bar  
            exam, the new pro bono requirement will expose candidates to  
            real world experience, and explore different segments of the  
            legal field, while volunteering in different communities.   
            This is crucial to the development of our work force and the  
            future of the advancement of diversity in the legal field.

            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.  

          Related/Prior Legislation
          
          SB 1281 (Block, Chapter 87, Statutes of 2016) required law  
          schools not accredited by the American Bar Association to post  








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          information on their internet Web sites, including bar passage  
          data, tuition, fees, financial aid, admissions data, employment  
          outcomes for graduates, conditional scholarships, enrollment  
          data, faculty information, average class size for required  
          courses, and the number of clinical offerings.

          AB 590 (Feuer, Chapter 457, Statutes of 2009) enacted the  
          Sargent Shriver Civil Counsel Act and expressed the intent of  
          the Legislature to encourage the legal profession to make  
          further efforts to meet its professional responsibilities and  
          other obligations by providing pro bono legal services and  
          financial support of nonprofit legal organizations that provide  
          free legal services to underserved communities.

          SB 686 (Corbett, Chapter 474, Statutes of 2007) provided 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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/5/16)


          ACLU
          Monterey College of Law & San Luis Obispo College of Law
          Conference of California Bar Associations


          OPPOSITION:   (Verified8/5/16)


          None received


          ARGUMENTS IN SUPPORT:  In support, the American Civil Liberties  
          Union of California (ACLU) writes that this bill will "help  
          address the large and growing justice gap by promoting pro bono  
          service by new applicants seeking admission to practice law in  








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          California."  The ACLU notes that "California meets only a  
          fraction of the legal needs of the poor - turning away far more  
          potential clients than are served by existing resources, even  
          taking into account the strict eligibility requirements for  
          legal aid and the few types of legal matters for which services  
          are provided.  While more must be done to fund nonprofit legal  
          aid groups, pro bono services can play an important part in  
          addressing the unmet need.  We believe pro bon o services for  
          the poor are appropriately asked of those who are privileged to  
          practice law in California [.]"


           GOVERNOR'S VETO MESSAGE:


             I am returning Senate Bill 1257 without my signature.


             This bill requires an applicant for membership in the State  
             Bar to complete at least fifty hours of supervised pro bono  
             legal service. It also requires that a practicing lawyer or  
             law professor supervise the student.


             I certainly support law students and lawyers providing pro  
             bono legal services. Some law schools already promote  
             volunteerism and pro bono service in various ways and many  
             employers also require a certain amount of pro bono hours for  
             associates and clerks. While I commend the author for his  
             desire to further these efforts, I don't believe a state  
             mandate can be justified.  


             Law students in California are now contending with  
             skyrocketing costs-often more than $200,000 for tuition and  
             room and board-and many struggle to find employment once they  
             are admitted to the Bar. In this context, I believe it would  
             be unfair to burden students with the requirements set forth  
             in this bill.  


             Instead, we should focus on lowering the cost of legal  








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             education and devising alternative and less expensive ways to  
             qualify for the Bar Exam. By doing so, we could actually  
             expand the opportunity to serve the public interest. 


           ASSEMBLY FLOOR:  42-31, 8/4/16
           AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Chau, Chiu, Chu, Cooper, Dodd, Eduardo  
            Garcia, Gipson, Gomez, Gordon, Gray, Holden, Irwin,  
            Jones-Sawyer, Kim, Levine, Lopez, Low, McCarty, Medina,  
            Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez,  
            Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood,  
            Rendon
           NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Campos,  
            Chang, Dababneh, Dahle, Beth Gaines, Gallagher, Cristina  
            Garcia, Gatto, Gonzalez, Grove, Hadley, Harper, Jones, Lackey,  
            Linder, Maienschein, Mathis, Melendez, Obernolte, Olsen,  
            Patterson, Salas, Steinorth, Wagner, Waldron, Wilk
           NO VOTE RECORDED: Chávez, Cooley, Daly, Eggman, Frazier, Roger  
            Hernández, Mayes



          Prepared by:  Margie Estrada / JUD. / (916) 651-4113
          8/30/16 16:00:43


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