BILL NUMBER:  SB 641
  VETOED	DATE: 10/12/2009




To the Members of the California State Senate:

I am returning Senate Bill 641 without my signature.

This bill would, among other provisions, authorize the State Bar to
collect annual bar dues from its members for 2010.

In 1997, Governor Pete Wilson vetoed the annual State Bar dues bill,
citing numerous concerns that the State Bar had become overly
political, unresponsive to its membership, and inefficient.
Unfortunately, twelve years later, inefficiencies remain unaddressed
and questions about the State Bar's role in the evaluation of
judicial nominees suggest that the State Bar's political agenda
continues.

In July, the State Auditor released a report critical of the State
Bar.  Among the problems noted by the report: salaries for staff have
risen significantly over the past five years; the costs of its
disciplinary system have escalated by $12 million from 2004 to 2008
while the number of disciplinary inquiries opened has declined; and a
lack of internal controls allowed the embezzlement of nearly
$676,000 by a former employee.  As the organization charged with
regulating the professional conduct of its members, the conduct of
the State Bar itself must be above reproach.  Regrettably, it is not.

In addition, recent actions by the State Bar's Judicial Nominees
Evaluation Commission (JNE) also call into question the State Bar's
impartiality in considering judicial appointments.  All JNE
Commission proceedings are required by law to be confidential and
qualification ratings are not to be released to the public prior to
the Governor considering an appointment.  Unfortunately, recent
events have required the State Bar to launch an official inquiry into
the confidentiality of such proceedings.  Moreover, the Chief
Justice of the Supreme Court has recently questioned the reliability
of the Commission's recommendations by noting its failure to follow
statutory guidelines when considering judicial nominees.  By failing
to follow the law, the JNE Commission has damaged its reputation for
impartiality and, in turn, the State Bar's.

There is no question the State Bar has an essential role in the state'
s justice system and must continue to oversee the licensing,
education, and discipline of California's lawyers.  However, I am
returning this bill without my signature because the State Bar cannot
continue with business as usual.  It must take the time to reexamine
the problems noted by the State Auditor and continue its
investigation into the JNE Commission.  I urge the State Bar to
resolve these issues as soon as possible so the Legislature can
reintroduce this measure early next year.

Sincerely,



Arnold Schwarzenegger