BILL NUMBER: SB 1420 CHAPTERED 08/25/00 CHAPTER 246 FILED WITH SECRETARY OF STATE AUGUST 25, 2000 APPROVED BY GOVERNOR AUGUST 24, 2000 PASSED THE SENATE AUGUST 10, 2000 PASSED THE ASSEMBLY JULY 6, 2000 AMENDED IN ASSEMBLY JUNE 27, 2000 AMENDED IN SENATE APRIL 12, 2000 INTRODUCED BY Senator Burton FEBRUARY 2, 2000 An act to amend Sections 6079.1, 6086.65, and 6140.16 of the Business and Professions Code, relating to the State Bar. LEGISLATIVE COUNSEL'S DIGEST SB 1420, Burton. State Bar: State Bar Court: State Bar workload standards: report. (1) Existing law provides for the creation of the State Bar Court to act on behalf of the Board of Governors of the State Bar in the determination of disciplinary and reinstatement proceedings and related matters. Effective November 1, 2000, State Bar Court Hearing Department judges are appointed by the Supreme Court, Governor, and Legislature, as specified. Existing law provides for the Board of Governors of the State Bar to screen and rate all applicants for appointment or reappointment as a State Bar Court judge. This bill would instead provide for those applicants to be screened and reviewed by an applicant evaluation committee as directed by the Supreme Court. (2) Existing law provides for the creation of a Review Department of the State Bar Court, appointed by the Supreme Court, to review decisions or orders of the State Bar Court's Hearing Department. Existing law provides that the party requesting review has the burden of showing either that the Hearing Department did not proceed in the manner required by law, its findings are not supported by substantial evidence, or its decision or recommendation is clearly erroneous, unless the Supreme Court approves an alternative rule of practice or procedure. This bill would instead provide that the standard to be applied by the Review Department in reviewing a decision, order, or ruling by a hearing judge fully disposing of a proceeding is established in Rule 951.5 of California Rules of Court, or as otherwise directed by the Supreme Court. (3) Existing law provides for the Board of Governors of the State Bar to appoint pro tempore State Bar Court Hearing Department judges when a regular judge is unavailable to serve without delaying a proceeding. This bill would allow the pro tempore judges to be appointed either by the Supreme Court or the Board of Governors of the State Bar. (4) Existing law required the State Bar to develop workload standards to measure the effectiveness and efficiency of its programs, and to submit a report to the Legislature on its workload standards by September 1, 1991. Existing law requires the workload standards to be used to determine the numbers and classifications of staff required to conduct the activities of the State Bar. This bill would require the State Bar to review its workload standards with respect to its disciplinary activities, as specified, and to submit a report on its review to the Legislature by June 30, 2001. This bill would require the workload standards to be used to reassess the staffing requirements of the State Bar's disciplinary activities. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6079.1 of the Business and Professions Code, as added by Section 3 of Chapter 221 of the Statutes of 1999, is amended to read: 6079.1. (a) The Supreme Court shall appoint a presiding judge of the State Bar Court. In addition, five hearing judges shall be appointed, two by the Supreme Court, one by the Governor, one by the Senate Committee on Rules, and one by the Speaker of the Assembly, to efficiently decide any and all regulatory matters pending before the Hearing Department of the State Bar Court. The presiding judge and all other judges of that department shall be appointed for a term of six years and may be reappointed for additional six-year terms. Any judge appointed under this section shall be subject to admonition, censure, removal, or retirement by the Supreme Court upon the same grounds as provided for judges of courts of record of this state. (b) Judges of the State Bar Court appointed under this section shall not engage in the private practice of law. The State Bar Court shall be broadly representative of the ethnic, sexual, and racial diversity of the population of California and composed in accordance with Sections 11140 and 11141 of the Government Code. Each judge: (1) Shall have been a member of the State Bar for at least five years. (2) Shall not have any record of the imposition of discipline as an attorney in California or any other jurisdiction. (3) Shall meet such other requirements as may be established by subdivision (d) of Section 12011.5 of the Government Code. (c) Applicants for appointment or reappointment as a State Bar Court judge shall be screened by an applicant evaluation committee as directed by the Supreme Court. The committee, appointed by the Supreme Court, shall submit evaluations and recommendations to the appointing authority and the Supreme Court as provided in Rule 961 of the California Rules of Court, or as otherwise directed by the Supreme Court. The committee shall submit no fewer than three recommendations for each available position. (d) For judges appointed pursuant to this section or Section 6086.65, the board shall fix and pay reasonable compensation and expenses and provide adequate supporting staff and facilities. Hearing judges shall be paid the same salary as municipal court judges. The presiding judge shall be paid the same salary as a superior court judge. (e) From among the members of the State Bar or retired judges, the Supreme Court or the board may appoint pro tempore judges to decide matters in the Hearing Department of the State Bar Court when a judge of the State Bar Court is unavailable to serve without undue delay to the proceeding. Subject to modification by the Supreme Court, the board may set the qualifications, terms, and conditions of service for pro tempore judges and may, in its discretion, compensate some or all of them out of funds appropriated by the board for this purpose. (f) A judge or pro tempore judge appointed under this section shall hear every regulatory matter pending in the Hearing Department of the State Bar Court as to which the taking of testimony or offering of evidence at trial has not commenced, and when so assigned, shall sit as the sole adjudicator, except for rulings that are to be made by the presiding judge of the State Bar Court or referees of other departments of the State Bar Court. (g) Any judge or pro tempore judge of the State Bar Court as well as any employee of the State Bar assigned to the State Bar Court shall have the same immunity that attaches to judges in judicial proceedings in this state. Nothing in this subdivision limits or alters the immunities accorded the State Bar, its officers and employees, or any judge or referee of the State Bar Court as they existed prior to January 1, 1989. This subdivision does not constitute a change in, but is cumulative with, existing law. (h) Nothing in this section shall be construed to prohibit the board from appointing persons to serve without compensation to arbitrate fee disputes under Article 13 (commencing with Section 6200) of this chapter or to monitor the probation of a member of the State Bar, whether those appointed under Section 6079, as added by Chapter 1114 of the Statutes of 1986, serve in the State Bar Court or otherwise. SEC. 2. Section 6086.65 of the Business and Professions Code, as added by Section 6 of Chapter 221 of the Statutes of 1999, is amended to read: 6086.65. (a) There is a Review Department of the State Bar Court, that consists of the Presiding Judge of the State Bar Court and two Review Department judges appointed by the Supreme Court. The judges of the Review Department shall be nominated, appointed, and subject to discipline as provided by subdivision (a) of Section 6079.1, shall be qualified as provided by subdivision (b) of Section 6079.1, and shall be compensated as provided for the presiding judge by subdivision (d) of Section 6079.1. However, the two Review Department judges may be appointed to, and paid as, positions occupying one-half the time and pay of the presiding judge. Candidates shall be rated and screened pursuant to Rule 961 of the California Rules of Court or as otherwise directed by the Supreme Court. (b) The Presiding Judge of the State Bar Court shall appoint an Executive Committee of the State Bar Court of no fewer than seven persons, including one person who has never been a member of the State Bar or admitted to practice law before any court in the United States. The Executive Committee may adopt rules of practice for the operation of the State Bar Court as provided in Section 6086.5. (c) Any decision or order reviewable by the Review Department and issued by a judge of the State Bar Court appointed pursuant to Section 6079.1 may be reviewed only upon timely request of a party to the proceeding and not on the Review Department's own motion. The standard to be applied by the Review Department in reviewing a decision, order, or ruling by a hearing judge fully disposing of a proceeding is established in Rule 951.5 of the California Rules of Court, or as otherwise directed by the Supreme Court. SEC. 3. Section 6140.16 of the Business and Professions Code is amended to read: 6140.16. The State Bar shall review its workload standards to measure the effectiveness and efficiency of its disciplinary activities, including, but not limited to, the State Bar Court and the Client Security Fund, and provide guidance to the State Bar and the Legislature in allocating resources. The standards shall be used to reassess the numbers and classifications of staff required to conduct the activities of the State Bar's disciplinary activities. The review shall cover the calendar years of 1998, 1999, and 2000. The State Bar shall submit a report to the Legislature on its review of workload standards by June 30, 2001.