AB 1800,
as amended, Alejo. begin deleteLegislature: California Capitol Law Fellows Program. end deletebegin insertCaliforniaend insertbegin insert Law Fellowship Program.end insert
Existing law authorizes certain internship and fellowship programs, as specified.
end insertbegin insertThis bill would establish the California Law Fellowship Program for the purpose of offering licensed attorneys limited-term placement opportunities in public sector legal positions within the executive, legislative, and judicial branches of state government and encouraging each participating attorney to seek permanent employment in the public sector at the conclusion of his or her fellowship, as specified.
end insertbegin insertExisting law, commonly known as the Code of Ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances.
end insertbegin insertThis bill would provide that the services of an attorney participating in the California Law Fellowship Program are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the so-called Code of Ethics. The bill would also provide that an attorney participating in the program is not an employee of either house of the Legislature for purposes of the Code of Ethics.
end insertExisting law authorizes certain internship and fellowship programs, as specified.
end deleteThis bill would declare the intent of the Legislature to enact legislation that would authorize the establishment of a California Capitol Law Fellows Program for specified purposes.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertChapter 1.5 (commencing with Section 8050) is
2added to Division 1 of Title 2 of the end insertbegin insertGovernment Codeend insertbegin insert, to read:end insert
3
(a) The California Law Fellowship Program is hereby
7established.
8(b) The purpose of the program is to offer licensed attorneys
9limited-term placement opportunities in public sector legal
10positions within the executive, legislative, and judicial branches
11of state government. The program shall provide each participating
12attorney with the opportunity to practice law in the public sector
13and shall encourage each participating attorney to seek permanent
14employment in the public sector at the conclusion of the fellowship.
15(c) The placement of a participating attorney with a
16participating state agency shall be contingent on that state
17agency’s acceptance of the attorney, according to
criteria adopted
18by the participating state agency for purposes of the program.
19(d) (1) It is the intent of the Legislature that participation in
20the program by an attorney or state agency, or by a public official
21within a state agency, shall not constitute a gift of public money
22or thing of value for purposes of Section 6 of Article XVI of the
23California Constitution, a gift for purposes of the Political Reform
24Act of 1974 (Title 9 (commencing with Section 81000)), or a gift,
25bequest, or favor for purposes of the Code of Judicial Ethics
26adopted pursuant to subdivision (m) of Section 18 of Article VI of
27the California Constitution.
P3 1(2) To the extent feasible, the program shall be designed and
2administered to accomplish the Legislature’s intent as specified
3in this subdivision.
4(e) State funds shall not be used to administer the program.
5(f) For purposes of this section, “program” means the California
6Law Fellowship Program.
begin insertSection 8924.7 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
8read:end insert
(a) The Legislature finds and declares that the
10California Law Fellowship Program, established pursuant to
11Chapter 1.5 (commencing with Section 8050) of Division 1,
12establishes a formal fellowship program that provides substantial
13public benefits to the Legislature as a participating state agency.
14(b) The services of an attorney participating in the California
15Law Fellowship Program, whose placement with the Legislature
16is accepted by the Senate Committee on Rules, the Assembly
17Committee on Rules, or the Joint Committee on Rules, as
18appropriate, are not compensation, a reward, or a gift to a Member
19of the Legislature for purposes of paragraph (4) of subdivision (b)
20of Section 8920.
21(c) An attorney participating in the California Law Fellowship
22Program, whose placement with the Legislature is accepted by the
23Senate Committee on Rules, the Assembly Committee on Rules, or
24the Joint Committee on Rules, as appropriate, is not an employee
25of either house of the Legislature for purposes of this article.
It is the intent of the Legislature to enact
27legislation that would authorize the establishment of a California
28Capitol Law Fellows Program for the following purposes:
29(a) To encourage knowledgeable and educated law school
30students and staff with legal backgrounds to participate in and
31learn about the legislative process by being placed in a legislator’s
32office.
33(b) To provide Members of the California Legislature with
34subject matter-specific legal advice so that they can make informed
35decisions on multifaceted policy issues having increasingly
36complex and interrelated
components that rely on legal and judicial
37decisions, including issues relating to labor law, business law,
38administrative law, housing law, and public safety.
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