Business and Professions Code — Part 39 | BPC — United States — California law | Esheria

Business and Professions Code

Part 39 of 52 · provisions 7,601–7,800

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 5658.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 4. Issuance of Certificates [5650 - 5659] ( Article 4 added by Stats. 1953, Ch. 1447. )

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    Applicants and licensees with a valid email address must report, verify, and update that email address with the board, and the board must not disclose those email addresses except under a court order.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 4. Issuance of Certificates [5650 - 5659] ( Article 4 added by Stats. 1953, Ch. 1447. ) ## 5658. (a) Each applicant for examination or licensure who has a valid email address shall report to the board that email address at the time of application. (b) Each licensee who has a valid email address shall report to the board or verify that email address at the time of renewal. (c) Each applicant or licensee shall notify the board within 30 days of any change to their email address on file with the board. (d) To protect the privacy of applicants and licensees, the email addresses provided to the board pursuant to subdivisions (a) and (b) shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required by an order of a court of competent jurisdiction. (e) Information sent from an email account of the board to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided. (f) For the purposes of this section, “valid email address” means an email address at which the applicant or licensee is currently receiving email at the time the application or license renewal is submitted to the board. (Added by Stats. 2024, Ch. 482, Sec. 27. (SB 1452) Effective January 1, 2025.)
  2. 5659.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 4. Issuance of Certificates [5650 - 5659] ( Article 4 added by Stats. 1953, Ch. 1447. )

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    Licensed persons must sign, date, and seal or stamp plans and related service documents prepared for others, using a board-authorized seal or stamp with specified information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 4. Issuance of Certificates [5650 - 5659] ( Article 4 added by Stats. 1953, Ch. 1447. ) ## 5659. Each person licensed under this chapter shall sign, date, and seal or stamp using a seal or stamp described in this section, all plans, specifications, and other instruments of service therefor, prepared for others as evidence of the person’s responsibility for those documents. Failure to comply with this section constitutes a ground for disciplinary action. Each person licensed under this chapter shall use a seal or stamp of the design authorized by the board, bearing the person’s name, license number, the legend “licensed landscape architect,” the legend “State of California” and a means of providing a signature, the renewal date of the license, and date of signing and sealing or stamping. (Amended by Stats. 2021, Ch. 188, Sec. 3. (SB 826) Effective January 1, 2022.)
  3. 5660.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    The board may investigate a landscape architect’s conduct on its own motion, and must investigate if it receives a verified written complaint. It may suspend the license for up to one year or revoke it if the architect is guilty of disciplinary acts or omissions under the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5660. The board may upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any landscape architect, and may suspend for a period not exceeding one year, or revoke, the license of any landscape architect who is guilty of any one or more of the acts or omissions constituting grounds for disciplinary action under the chapter. (Amended by Stats. 1998, Ch. 879, Sec. 22.20. Effective January 1, 1999.)
  4. 5661.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    Accusations against a licensee must be filed within the stated time limits, with a special three-year filing period for accusations under Section 5667.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5661. All accusations against a licensee shall be filed within three years after the board discovers, or through the use of reasonable diligence should have discovered, the act or omission alleged as the ground for disciplinary action or within six years after the act or omission alleged as the ground for disciplinary action, whichever occurs first. However, with respect to an accusation alleging a violation of Section 5667, the accusation may be filed within three years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by Section 5667. If any accusation is not filed within the time provided in this section, no action against a licensee shall be commenced under this article. (Amended by Stats. 1989, Ch. 229, Sec. 2.)
  5. 5662.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    License suspension or revocation proceedings under this chapter must follow Government Code Chapter 5, and the board has the powers granted there.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5662. All proceedings for the suspension or revocation of licenses under this chapter shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code. The board shall have all of the powers granted therein. (Amended by Stats. 1998, Ch. 879, Sec. 22.21. Effective January 1, 1999.)
  6. 5665.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    Suspended licenses must be renewed as provided here, but renewal does not let the holder keep practicing while the license remains suspended. Revoked licenses may not be renewed. If a revoked license is reinstated after expiration, the holder must pay a reinstatement fee before reinstatement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5665. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended. A revoked license is subject to expiration as provided in this chapter, but it may not be renewed. If it is reinstated after its expiration, the holder of the license, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. (Amended by Stats. 1998, Ch. 879, Sec. 22.22. Effective January 1, 1999.)
  7. 5666.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A license holder who practices in violation of this chapter may face disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5666. The fact that the holder of a license is practicing in violation of the provisions of this chapter constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 879, Sec. 22.23. Effective January 1, 1999.)
  8. 5667.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A license obtained by fraud or misrepresentation can be a basis for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5667. The fact that the holder of a license has obtained the license by fraud or misrepresentation, or that the person named in the license has obtained it by fraud or misrepresentation constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 879, Sec. 22.24. Effective January 1, 1999.)
  9. 5668.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A license holder may face disciplinary action for impersonating a landscape architect or former landscape architect with the same or a similar name, or for practicing under an assumed, fictitious, or corporate name.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5668. The fact that the holder of a license is impersonating a landscape architect or former landscape architect of the same or similar name, or is practicing under an assumed, fictitious or corporate name, constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 879, Sec. 22.25. Effective January 1, 1999.)
  10. 5669.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A license holder who aids or abets unauthorized landscape architecture practice can face disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5669. The fact that the holder of a license has aided or abetted in the practice of landscape architecture, any person not authorized to practice landscape architecture under the provisions of this chapter, constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 879, Sec. 22.26. Effective January 1, 1999.)
  11. 5670.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A landscape architecture license holder may face disciplinary action if guilty of fraud or deceit in practice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5670. The fact that, in the practice of landscape architecture, the holder of a license has been guilty of fraud or deceit constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 879, Sec. 22.27. Effective January 1, 1999.)
  12. 5671.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A landscape architecture license holder may face disciplinary action for negligence or willful misconduct in the practice of landscape architecture.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5671. The fact that, in the practice of landscape architecture, the holder of a license has been guilty of negligence or willful misconduct constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 879, Sec. 22.28. Effective January 1, 1999.)
  13. 5672.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A license holder’s gross incompetence can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5672. The fact that the holder of a license has been guilty of gross incompetence constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 879, Sec. 22.29. Effective January 1, 1999.)
  14. 5673.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A license holder may face disciplinary action for signing, stamping, or allowing their name to be used on work they did not prepare or direct, or for helping a non-landscape architect evade the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5673. The fact that the holder of a license has affixed his or her signature, or his or her stamp, or has permitted the use of his or her name to or on plans, drawings, specifications or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction, or has permitted his or her name or his or her signature or his or her stamp to be used for the purpose of assisting any person, not a landscape architect, to evade the provisions of this chapter, constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 879, Sec. 22.30. Effective January 1, 1999.)
  15. 5675.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A felony conviction connected to landscape architecture can be used as grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5675. The conviction of a felony in connection with the practice of landscape architecture constitutes a ground for disciplinary action. The record of a conviction shall be conclusive evidence thereof. (Added by Stats. 1957, Ch. 1535.)
  16. 5675.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A license holder may face disciplinary action if they have already been disciplined by a public agency for conduct substantially related to landscape architect qualifications, functions, or duties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5675.5. The fact that the holder of a license has had disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties as a landscape architect constitutes a ground for disciplinary action. (Added by Stats. 1998, Ch. 879, Sec. 22.31. Effective January 1, 1999.)
  17. 5676.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A felony guilty plea, guilty verdict, or nolo contendere conviction counts as a conviction under this article. The board may suspend or revoke a license, or refuse to issue one, after appeal time ends, a conviction is affirmed, or probation is granted with sentence suspended.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5676. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. (Amended by Stats. 1998, Ch. 879, Sec. 22.32. Effective January 1, 1999.)
  18. 5678.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    A landscape architecture licensee must report certain qualifying adverse actions to the board within 30 days and respond promptly to board inquiries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5678. (a) A licensee shall report to the board in writing within 30 days of the date the licensee has knowledge of any civil action judgment, settlement, arbitration award, or administrative action resulting in a judgment, settlement, or arbitration award against the licensee in any action alleging fraud, deceit, negligence, incompetence, or recklessness by the licensee in the practice of landscape architecture if the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater. (b) The report required by subdivision (a) shall be signed by the licensee and shall set forth the facts that constitute the reportable event. If the reportable event involves the action of an administrative agency or court, the report shall set forth all of the following: (1) The title of the matter. (2) The court or agency name. (3) The docket number. (4) The claim or file number. (5) The date on which the reportable event occurred. (c) A licensee shall promptly respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal. (d) Failure of a licensee to comply with this section shall be grounds for disciplinary action. (e) A licensee who fails to comply with this section may be subject to a civil penalty of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) as an intermediate sanction imposed by the board in lieu of revoking the licensee’s license. A licensee who knowingly and intentionally fails to comply with this section may be subject to a civil penalty of up to twenty thousand dollars ($20,000) as an additional intermediate sanction imposed by the board in lieu of revoking the licensee’s license. (Added by Stats. 2006, Ch. 564, Sec. 10. Effective January 1, 2007.)
  19. 5678.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

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    Insurers and self-insuring government agencies must report certain covered payments to the board within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5678.1. (a) Within 30 days of payment of all or any portion of a civil action judgment, settlement, or arbitration award described in Section 5678 against a licensee of the board in which the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater, any insurer providing professional liability insurance to that licensee or landscape architectural entity shall report to the board all of the following: (1) The name of the licensee. (2) The claim or file number. (3) The amount or value of the judgment, settlement, or arbitration award. (4) The amount paid by the insurer. (5) The identity of the payee. (b) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or arbitration award described in Section 5678 against a licensee of the board in which the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater, any state or local governmental agency that self insures that licensee shall report to the board all of the following: (1) The name of the licensee. (2) The claim or file number. (3) The amount or value of the judgment, settlement, or arbitration award. (4) The amount paid. (5) The identity of the payee. (Added by Stats. 2006, Ch. 564, Sec. 11. Effective January 1, 2007.)
  20. 5678.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

    Verify source ↗

    Sections 5678 and 5678.1 apply in certain cases involving a party linked to a licensee and the licensee’s responsible control of the project.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5678.2. The requirements of Sections 5678 and 5678.1 shall apply if a party to the civil action, settlement, arbitration award, or administrative action is or was (a) a sole proprietorship, partnership, firm, corporation, or state or local governmental agency in which a licensee is or was an owner, partner, member, officer, or employee and (b) a licensee in responsible control of that portion of the project that was the subject of the civil judgment, settlement, arbitration award, or administrative action. (Added by Stats. 2006, Ch. 564, Sec. 12. Effective January 1, 2007.)
  21. 5678.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

    Verify source ↗

    A licensee is not treated as violating a confidential settlement or other confidential agreement when making a report to the board as required by this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5678.3. Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a report to the board as required by this article. (Added by Stats. 2006, Ch. 564, Sec. 13. Effective January 1, 2007.)
  22. 5678.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. )

    Verify source ↗

    The board may adopt regulations to further define the reporting requirements in Sections 5678 and 5678.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 5. Discipline [5660 - 5678.4] ( Article 5 added by Stats. 1957, Ch. 1535. ) ## 5678.4. The board may adopt regulations to further define the reporting requirements of Sections 5678 and 5678.1. (Added by Stats. 2006, Ch. 564, Sec. 14. Effective January 1, 2007.)
  23. 5680.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. )

    Verify source ↗

    Licenses under this chapter expire within 24 months, and renewal requires a timely application on the board’s form plus payment of the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. ) ## 5680. (a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The expiration date of the original license shall be set by the board in a manner to best distribute renewal procedures throughout each year. (b) To renew an unexpired license, the licenseholder shall, on or before the expiration date of the license, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter. (c) The renewal form shall include a statement specifying whether the licensee was convicted of a crime or disciplined by another public agency during the preceding renewal period and that the licensee’s representations on the renewal form are true, correct, and contain no material omissions of fact, to the best knowledge and belief of the licensee. (Amended by Stats. 1998, Ch. 879, Sec. 22.38. Effective January 1, 1999.)
  24. 5680.05.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. )

    Verify source ↗

    After certain court judgments involving a licenseholder, the court clerk must report the judgment to the board within 10 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. ) ## 5680.05. Within 10 days after a judgment by a court of this state that a licenseholder has committed a crime or is liable for any death, personal or property injury or loss caused by the licenseholder’s fraud, deceit, negligence, incompetency, or recklessness in practice, the clerk of the court which rendered the judgment shall report this to the board. (Amended by Stats. 1998, Ch. 879, Sec. 22.39. Effective January 1, 1999.)
  25. 5680.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. )

    Verify source ↗

    An expired license may be renewed within five years after expiration, unless another chapter rule says otherwise. If renewal is more than 30 days late, the licenseholder must also pay the delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. ) ## 5680.1. Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If the license is renewed more than 30 days after its expiration, the licenseholder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 5680 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. (Amended by Stats. 2017, Ch. 573, Sec. 27. (SB 800) Effective January 1, 2018.)
  26. 5680.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. )

    Verify source ↗

    A license not renewed within five years after expiration cannot later be renewed, restored, reissued, or reinstated, but the expired-license holder may apply for a new license if they pay all fees and meet the chapter’s original-licensing requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. ) ## 5680.2. A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the expired license may apply for and obtain a new license if they pay all of the fees and meet all of the requirements set forth in this chapter for obtaining an original license. (Amended by Stats. 2024, Ch. 482, Sec. 28. (SB 1452) Effective January 1, 2025.)
  27. 5681.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. )

    Verify source ↗

    This section sets and caps several landscape architecture fees, including application, exam, license, renewal, delinquency, duplicate license, address-change penalty, and school-approval filing fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. ) ## 5681. The fees prescribed by this chapter for landscape architect applicants and landscape architect licensees shall be fixed by the board as follows: (a) The application fee for reviewing an applicant’s eligibility to take any section of the examination shall be one hundred dollars ($100). (b) The fee for any section of the examination administered by the board shall not exceed the actual cost to the board for purchasing and administering each exam. The fee for the California Supplemental Examination shall be three hundred fifty dollars ($350). The board may adopt regulations to set the fee at a higher amount, up to a maximum of four hundred dollars ($400). (c) The fee for an original license shall be seven hundred dollars ($700) and the board may adopt regulations to set the fee at a higher amount, up to a maximum of eight hundred dollars ($800), except that, if the license is issued less than one year before the date on which it will expire, then the fee shall equal 50 percent of the fee fixed by the board for an original license. The board may, by appropriate regulation, provide for the waiver or refund of the initial license fee where the license is issued less than 45 days before the date on which it will expire. (d) The fee for a duplicate license shall be three hundred dollars ($300). (e) The renewal fee shall be seven hundred dollars ($700). The board may adopt regulations to set the fee at a higher amount, up to a maximum of eight hundred dollars ($800). (f) The penalty for failure to notify the board of a change of address within 30 days from an actual change in address may not exceed fifty dollars ($50). (g) The delinquency fee shall be 50 percent of the renewal fee for the license in effect on the date of the renewal of the license, but not less than fifty dollars ($50) nor more than two hundred dollars ($200). (h) The fee for filing an application for approval of a school pursuant to Section 5650 may not exceed six hundred dollars ($600) charged and collected on an biennial basis. (Amended by Stats. 2023, Ch. 723, Sec. 21. (SB 816) Effective January 1, 2024.)
  28. 5682.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. )

    Verify source ↗

    The department must pay fees collected for the previous month into the State Treasury within 10 days after each month begins, credited to the California Architects Board-Landscape Architects Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. ) ## 5682. Within 10 days after the beginning of every month, all fees collected by the department for the month preceding, under the provisions of this chapter, shall be paid into the State Treasury to the credit of the California Architects Board-Landscape Architects Fund, which is hereby created. (Amended by Stats. 2000, Ch. 1054, Sec. 25. Effective January 1, 2001.)
  29. 5683.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. )

    Verify source ↗

    Money paid into the California Architects Board-Landscape Architects Fund must be spent as law prescribes to cover the board’s expenses and enforce this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.5. Landscape Architecture [5615 - 5683] ( Chapter 3.5 added by Stats. 1953, Ch. 1447. ) ## ARTICLE 6. Revenue [5680 - 5683] ( Article 6 added by Stats. 1953, Ch. 1447. ) ## 5683. The money paid into the California Architects Board-Landscape Architects Fund shall be used for expenditure in the manner prescribed by law to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter. (Amended by Stats. 2005, Ch. 74, Sec. 16. Effective July 19, 2005.)
  30. 580.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    This section forbids any person, company, or association from selling, bartering, or offering to sell or barter certain medical and licensing-related degrees and documents.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. ) ## 580. No person, company, or association shall sell or barter or offer to sell or barter any medical degree, podiatric degree, or osteopathic degree, or chiropractic degree, or any other degree which is required for licensure, certification, or registration under this division, or any degree, certificate, transcript, or any other writing, made or purporting to be made pursuant to any laws regulating the licensing and registration or issuing of a certificate to physicians and surgeons, podiatrists, osteopathic physicians, chiropractors, persons lawfully engaged in any other system or mode of treating the sick or afflicted, or to any other person licensed, certified, or registered under this division. (Amended by Stats. 1986, Ch. 220, Sec. 2. Effective June 30, 1986.)
  31. 5800.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    This section defines “Certified Interior Designer” and “interior design organization.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5800. As used in this chapter: (a) “Certified Interior Designer” means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public. (b) An “interior design organization” means the California Council for Interior Design Certification (council), a nonprofit organization that is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code, and consists of Certified Interior Designers whose governing board includes representatives of the public. (Amended by Stats. 2023, Ch. 723, Sec. 22. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  32. 5801.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    A Certified Interior Designer may get a council-issued stamp that identifies the designer and may show commercial designation if the designer meets the stated requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5801. A Certified Interior Designer may obtain a stamp from the council that shall include a number that uniquely identifies and bears the name of that Certified Interior Designer and identifies the individual as either a Certified Interior Designer or a Certified Interior Designer with commercial designation if the Certified Interior Designer has met the requirements pursuant to paragraph (2) of subdivision (a) of Section 5811.1. The stamp certifies that the Certified Interior Designer has provided the council with evidence of meeting the education, experience, and examination requirements pursuant to Section 5811.1. (Amended by Stats. 2023, Ch. 723, Sec. 23. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  33. 5801.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    The council’s stamp-issuance procedure, including required examinations, must follow occupational analysis and examination validation requirements every five to seven years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5801.1. The procedure for the issuance of a stamp by the council under Section 5801, including the examinations recognized and required by the council, shall be subject to the occupational analyses and examination validation required by Section 139 every five to seven years. (Amended by Stats. 2023, Ch. 723, Sec. 24. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  34. 5802.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    Certified Interior Designers must stamp and sign drawings, specifications, or documents submitted to a government regulatory agency, and all documents must be identified as interior design documents rather than architectural or engineering documents.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5802. (a) All drawings, specifications, or documents prepared for submission to any government regulatory agency by any Certified Interior Designer, or under their supervision shall be affixed by a stamp, as specified in Section 5801, and signed by that Certified Interior Designer. (b) All documents shall be identified as interior design documents, which are not architectural or engineering documents. (Amended by Stats. 2023, Ch. 723, Sec. 25. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  35. 5803.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    A Certified Interior Designer is exempt from Chapter 9 when designing systems for work to be performed by a licensed contractor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5803. A Certified Interior Designer, as defined in this chapter, is exempt from Chapter 9 (commencing with Section 7000) of Division 3 insofar as they are designing systems for work to be performed by a licensed contractor. (Amended by Stats. 2023, Ch. 723, Sec. 26. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  36. 5804.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    Certified Interior Designers and others must not advertise or represent that they are “state certified” to practice interior design.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5804. It is an unfair business practice for any Certified Interior Designer or any other person to advertise or put out any sign or card or other device, including any stamp or seal, or to represent to the public through any print or electronic media, that the person is “state certified” to practice interior design, or to use any other words or symbols that represent to the public that the person is so certified. (Amended by Stats. 2023, Ch. 723, Sec. 27. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  37. 5805.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    Certified Interior Designers or any other person may submit interior design plans for commercial or residential buildings to local building officials, except as provided in Section 5538. When deciding whether to accept those plans, the local building official must reference the California Building Standards Code and the occupational title standard in Section 5800.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5805. Nothing in this chapter shall preclude Certified Interior Designers or any other person from submitting interior design plans for commercial or residential buildings to local building officials, except as provided in Section 5538. In exercising discretion with respect to the acceptance of interior design plans, the local building official shall reference the California Building Standards Code and the occupational title standard set forth in Section 5800. (Amended by Stats. 2023, Ch. 723, Sec. 28. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  38. 5806.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    This section says the chapter does not prohibit interior design or interior decorator services by any person or retail activity.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5806. Nothing in this chapter shall prohibit interior design or interior decorator services by any person or retail activity. (Added by Stats. 2013, Ch. 333, Sec. 1. (SB 308) Effective January 1, 2014. Repealed as of January 1, 2027, pursuant to Section 5810.)
  39. 5807.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    A Certified Interior Designer must use a written contract for interior design services, sign it before starting work, and include specified contract terms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5807. (a) A Certified Interior Designer shall use a written contract when contracting to provide interior design services to a client pursuant to this chapter. The written contract shall be executed by the Certified Interior Designer and the client, or the client’s representative, prior to the Certified Interior Designer commencing work. The written contract shall include, but not be limited to, all of the following: (1) A description of the services to be provided to the client by the Certified Interior Designer. (2) A description of any basis of compensation applicable to the contract and the method of payment agreed upon by the parties. (3) The name, address, and certification number of the Certified Interior Designer and the name and address of the client. (4) A description of the procedure that the Certified Interior Designer and the client will use to accommodate additional services. (5) A description of the procedure to be used by any party to terminate the contract. (6) A three-day rescission clause in accordance with Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3 of the Civil Code. (7) A written disclosure stating whether the Certified Interior Designer carries errors and omissions insurance. (b) Subdivision (a) shall not apply to any of the following: (1) Interior design services rendered by a Certified Interior Designer for which the client will not pay compensation. (2) Interior design services rendered by a Certified Interior Designer to any of the following: (A) An architect licensed under Chapter 3 (commencing with Section 5500). (B) A landscape architect licensed under Chapter 3.5 (commencing with Section 5615). (C) An engineer licensed under Chapter 7 (commencing with Section 6700). (c) As used in this section, “written contract” includes a contract in electronic form. (Amended by Stats. 2023, Ch. 723, Sec. 29. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  40. 581.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    A person, company, or association may not buy, obtain, possess, or materially alter certain qualification documents with the relevant fraudulent intent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. ) ## 581. No person, company, or association shall purchase or procure by barter or by any unlawful means or method, or have in possession any diploma, certificate, transcript, or any other writing with intent that it shall be used as evidence of the holder’s qualifications to practice as a physician and surgeon, osteopathic physician, podiatrist, any other system or mode of treating the sick or afflicted, as provided in the Medical Practice Act, Chapter 5 (commencing with Section 2000), or to practice as any other licentiate under this division or in any fraud of the law regulating this practice or, shall with fraudulent intent, alter in a material regard, any such diploma, certificate, transcript, or any other writing. (Amended by Stats. 1986, Ch. 220, Sec. 3. Effective June 30, 1986.)
  41. 5810.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    This chapter is subject to review by the Legislature’s appropriate policy committees and will expire on January 1, 2027.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5810. (a) This chapter shall be subject to review by the appropriate policy committees of the Legislature. (b) This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2022, Ch. 311, Sec. 1. (SB 1437) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 3.9, comprising Sections 5800 to 5812.)
  42. 5811.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    The Interior Design Certification Council is established, may adopt rules and fees, and its meetings must follow the Bagley-Keene Open Meeting Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5811. (a) The California Council for Interior Design Certification, as defined in subdivision (b) of Section 5800, is hereby established to carry out the responsibilities and duties set forth in this chapter. (b) The meetings of the council issuing stamps under Section 5801 shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (c) The council may take reasonable actions to carry out its responsibilities and duties, as set forth in this chapter. (d) The council may adopt bylaws, rules, and procedures necessary to effectuate the purposes of this chapter. (e) The council may establish application fees, renewal fees, and other fees related to the regulatory costs of providing services and carrying out the council’s responsibilities and duties pursuant to this chapter. These fees shall not exceed the reasonable costs to the council of providing those services and carrying out those responsibilities and duties. (Added by renumbering Section 5811.1 by Stats. 2023, Ch. 723, Sec. 30. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  43. 5811.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    The council may issue interior design certifications, but applicants must apply, show they meet the chapter’s requirements, and pay required fees. Certificates must be renewed every two years or they expire, and the council may also require continuing education and allow late renewal.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5811.1. (a) The council may issue a certification to any applicant who provides satisfactory evidence that they meet all of the requirements of this chapter and who complies with the bylaws, rules, and procedures established by the council. (1) In order to obtain a certification, an applicant shall submit an application as provided by the council and provide the council with satisfactory evidence that they meet all of the following requirements: (A) Passage of an interior design examination approved by the council. (B) Any of the following education and experience pathways: (i) The person is a graduate of a four- or five-year accredited interior design degree program, and has two years of diversified interior design experience. (ii) The person has completed a three-year accredited interior design certificate program, and has completed three years of diversified interior design experience. (iii) The person has completed a two-year accredited interior design program and has completed four years of diversified interior design experience. (iv) The person has at least eight years of interior design education, or at least eight years of diversified interior design experience, or a combination of interior design education and diversified interior design experience that together total at least eight years. (C) All fees required by the council, as described in subdivision (e) of Section 5811, have been paid. (2) The council may issue a commercial designation to a Certified Interior Designer or qualified applicant who, in addition to the requirements in paragraph (1), passes additional interior design courses and examinations, as determined to be required by the council. (b) (1) Any certificate under this chapter shall be subject to renewal every two years in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a registration. (2) The council may require Certified Interior Designers to complete continuing education specific to the practice of interior design each two-year certification cycle. (Added by Stats. 2023, Ch. 723, Sec. 31. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  44. 5812.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. )

    Verify source ↗

    A person must not claim or imply they are a Certified Interior Designer unless they hold valid certification.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 3.9. Interior Designers [5800 - 5812] ( Chapter 3.9 added by Stats. 1990, Ch. 396, Sec. 1. ) ## 5812. It is an unfair business practice for any person to represent or hold themselves out as, or to use the title “Certified Interior Designer” or any other term, such as “licensed,” “registered,” or “CID,” that implies or suggests that the person is certified as an interior designer when they do not hold a valid certification as provided in Sections 5800 and 5801. (Amended by Stats. 2023, Ch. 723, Sec. 32. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 5810.)
  45. 582.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    No person, company, or association may use or try to use a purchased, fraudulently issued, illegally obtained, counterfeited, or materially altered credential to practice specified healing-arts professions or other licentiated practice under the division.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. ) ## 582. No person, company, or association shall use or attempt to use any diploma, certificate, transcript, or any other writing which has been purchased, fraudulently issued, illegally obtained, counterfeited, or materially altered, either as a certificate or as to character or color of certificate, to practice as a physician and surgeon, podiatrist, osteopathic physician, or a chiropractor, or to practice any other system or mode of treating the sick or afflicted, as provided in the Medical Practice Act, Chapter 5 (commencing with Section 2000) or to practice as any other licentiate under this division. (Amended by Stats. 1986, Ch. 220, Sec. 4. Effective June 30, 1986.)
  46. 583.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    A person must not willfully make a false statement in a material way in required application documents or writings.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. ) ## 583. No person shall in any document or writing required of an applicant for examination, license, certificate, or registration under this division, the Osteopathic Initiative Act, or the Chiropractic Initiative Act, willfully make a false statement in a material regard. (Amended by Stats. 1986, Ch. 220, Sec. 5. Effective June 30, 1986.)
  47. 584.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    No person may violate the security of an examination or impersonate, attempt to impersonate, or solicit another person’s impersonation in qualifying licensing or registration examinations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. ) ## 584. No person shall violate the security of any examination, as defined in subdivision (a) of Section 123, or impersonate, attempt to impersonate, or solicit the impersonation of, another in any examination for a license, certificate, or registration to practice as provided in this division, the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or under any other law providing for the regulation of any other system or method of treating the sick or afflicted in this state. (Amended by Stats. 1989, Ch. 1022, Sec. 5.)
  48. 585.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Violating this article is a felony and can lead to a $2,000 to $6,000 fine or imprisonment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 4. Frauds of Medical Records [580 - 585] ( Article 4 enacted by Stats. 1937, Ch. 399. ) ## 585. Any person, company, or association violating the provisions of this article is guilty of a felony and upon conviction thereof shall be punishable by a fine of not less than two thousand dollars ($2,000) nor more than six thousand dollars ($6,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. The enforcement remedies provided under this article are not exclusive and shall not preclude the use of any other criminal, civil, or administrative remedy. (Amended by Stats. 2011, Ch. 15, Sec. 2. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  49. 6.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    Some persons entitled to a certificate under a repealed act are also entitled to a certificate under this code, if the code applies to them.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 6. All persons who, at the time this code goes into effect, are entitled to a certificate under any act repealed by this code, are thereby entitled to a certificate under the provisions of this code so far as the provisions of this code are applicable. (Enacted by Stats. 1937, Ch. 399.)
  50. 6000.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    This section says Chapter 4 of the Business and Professions Code is the chapter on attorneys and may be called the State Bar Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6000. This chapter of the Business and Professions Code constitutes the chapter on attorneys. It may be cited as the State Bar Act. (Added by Stats. 1939, Ch. 34.)
  51. 6001.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    The State Bar gets broad corporate powers, must disclose licensees’ privacy-related rights in its communications, and may not create foundations or nonprofit corporations after March 31, 2018.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6001. (a) The State Bar of California is a public corporation. It is hereinafter designated as the State Bar. (b) The State Bar has perpetual succession and a seal and it may sue and be sued. It may, for the purpose of carrying into effect and promoting its objectives: (1) Make contracts. (2) Borrow money, contract debts, issue bonds, notes, and debentures, and secure the payment or performance of its obligations. (3) Own, hold, use, manage, and deal in and with real and personal property. (4) Construct, alter, maintain, and repair buildings and other improvements to real property. (5) Purchase, lease, obtain options upon, acquire by gift, bequest, devise, or otherwise, any real or personal property or any interest therein. (6) Sell, lease, exchange, convey, transfer, assign, encumber, pledge, or dispose of any of its real or personal property or any interest therein, including without limitation all or any portion of its income or revenues from license fees paid or payable by licensees. (7) Do all other acts incidental to the foregoing or necessary or expedient for the administration of its affairs and the attainment of its purposes. (c) Pursuant to those powers enumerated in subdivision (b), it is recognized that the State Bar has authority to raise revenue in addition to that provided for in Section 6140 and other statutory provisions. The State Bar is empowered to raise that additional revenue by any lawful means. However, as of March 31, 2018, the State Bar shall not create any foundations or nonprofit corporations. (d) The State Bar shall conspicuously publicize to its licensees in the annual fees statement and other appropriate communications, including its internet website and electronic communications, that its licensees have the right to limit the sale or disclosure of licensee information not reasonably related to regulatory purposes. In those communications the State Bar shall note the location of the State Bar’s privacy policy, and shall also note the simple procedure by which a licensee may exercise the licensee’s right to prohibit or restrict, at the licensee’s option, the sale or disclosure of licensee information not reasonably related to regulatory purposes. On or before May 1, 2005, the State Bar shall report to the Assembly and Senate Committees on Judiciary regarding the procedures that it has in place to ensure that licensees can appropriately limit the use of their licensee information not reasonably related to regulatory purposes, and the number of licensees choosing to utilize these procedures. (e) (1) No law of this state restricting, or prescribing a mode of procedure for the exercise of powers of state public bodies or state agencies, or classes thereof, including, but not by way of limitation, the provisions contained in Division 3 (commencing with Section 11000), Division 4 (commencing with Section 16100), and Part 1 (commencing with Section 18000) and Part 2 (commencing with Section 18500) of Division 5, of Title 2 of the Government Code, shall be applicable to the State Bar, unless the Legislature expressly so declares. (2) Notwithstanding paragraph (1) or any other law, pursuant to Sections 6026.7 and 6026.11, the State Bar is subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and, commencing April 1, 2016, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (3) Notwithstanding paragraph (1) or any other law, members of the board of trustees of the State Bar and employees of the State Bar shall be subject to the conflicts of interest provisions relating to contracts in Sections 1090 to 1097.2, inclusive, set forth in Article 4 of Chapter 1 of Division 4 of Title 1 of the Government Code, and members of the board of trustees of the State Bar shall be deemed state officers and employees of the State Bar shall be deemed state employees thereunder. (Amended by Stats. 2023, Ch. 697, Sec. 2. (SB 40) Effective January 1, 2024.)
  52. 6001.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    The State Bar of California and its board of trustees must treat protection of the public as their highest priority in licensing, regulatory, and disciplinary work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6001.1. Protection of the public, which includes support for greater access to, and inclusion in, the legal system, shall be the highest priority for the State Bar of California and the board of trustees in exercising their licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2018, Ch. 659, Sec. 3. (AB 3249) Effective January 1, 2019.)
  53. 6001.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    The State Bar must develop and carry out a plan to improve access, fairness, diversity, and reduce bias in the legal profession, and must report on that plan to the Legislature every two years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6001.3. (a) It is the intent of the Legislature that the State Bar maintain its commitment to and support of effective policies and activities to enhance access, fairness, and diversity in the legal profession and the elimination of bias in the practice of law. (b) The Legislature finds and declares the following: (1) The rich diversity of the people of California requires a justice system that is equally accessible and free of bias and is a core value of the legal profession. (2) Diversity and inclusion are an integral part of the State Bar’s public protection mission to build, retain, and maintain a diverse legal profession to provide quality and culturally sensitive services to an ever-increasing diverse population. (3) Diversity increases public trust and confidence and the appearance of fairness in the justice system and therefore increases access to justice. (4) The State Bar should continue to increase diversity and inclusion in the legal profession. (c) The State Bar shall develop and implement a plan to meet the goals set forth in this section, which may include, but is not limited to, an assessment of needed revenue. The State Bar shall prepare and submit a report to the Legislature, by March 30, 2019, and every two years thereafter, on the plan and its implementation, including a description of activities undertaken to support the plan, their outcomes, and their effectiveness. (Amended by Stats. 2023, Ch. 697, Sec. 3. (SB 40) Effective January 1, 2024.)
  54. 6001.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    The State Bar must provide, on request, employee classification and total annual compensation by name, plus compensation and benefits rules, policies, and agreements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6001.4. Commencing on or before February 1, 2011, the State Bar shall make available, upon request of a member of the public, the classification and total annual compensation paid to each of its employees by name, as well as any and all rules, policies, and agreements pertaining to the compensation and benefits of any employees of the State Bar. (Added by Stats. 2010, Ch. 476, Sec. 2. (AB 2764) Effective January 1, 2011.)
  55. 6001.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    The State Bar must require fingerprints from all employees and prospective employees, and may require them from volunteers, contractors, and subcontractors, for identity and criminal-history screening.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6001.5. (a) The State Bar of California shall require that all employees and prospective employees, and may require volunteers, contractors, and subcontractors, to submit fingerprints to the Department of Justice and to the Federal Bureau of Investigation in order to establish identity and to determine whether the individual has a record of criminal conviction in this state or in other states, including through a national criminal history check. (b) The State Bar shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all employees, prospective employees, volunteers, contractors, and subcontractors, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state or federal level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2023, Ch. 697, Sec. 4. (SB 40) Effective January 1, 2024.)
  56. 6002.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    This section defines who counts as a State Bar licensee and says that “member of the State Bar” means a State Bar licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6002. (a) The licensees of the State Bar are all persons admitted and licensed to practice law in this state except justices and judges of courts of record during their continuance in office. (b) As used in this chapter or any other provision of law, “member of the State Bar” shall be deemed to refer to a licensee of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 6. (AB 3249) Effective January 1, 2019.)
  57. 6002.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    State Bar licensees must keep their licensing records updated, and certain former licensees must keep their current address on file and report address changes quickly.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6002.1. (a) A licensee of the State Bar shall maintain all of the following on the official licensing records of the State Bar: (1) The licensee’s current office address and telephone number or, if no office is maintained, the address to be used for State Bar purposes or purposes of the agency charged with attorney discipline. (2) All specialties in which the licensee is certified. (3) Any other jurisdictions in which the licensee is admitted and the dates of their admission. (4) The jurisdiction, and the nature and date of any discipline imposed by another jurisdiction, including the terms and conditions of any probation imposed, and, if suspended or disbarred in another jurisdiction, the date of any reinstatement in that jurisdiction. (5) Any other information as may be required by agreement with or by conditions of probation imposed by the agency charged with attorney discipline. A licensee shall notify the licensing records office of the State Bar of any change in the information required by paragraphs (1), (4), and (5) within 30 days of any change and of the change in the information required by paragraphs (2) and (3) on or before the date set by the State Bar for payment of license fees pursuant to Section 6140 or 6141. (b) Every former licensee of the State Bar who has been ordered by the Supreme Court to comply with Rule 9.20 of the California Rules of Court shall maintain on the official licensing records of the State Bar the former licensee’s current address and within 10 days after any change therein, shall file a change of address with a licensing records office of the State Bar until such time as the former licensee is no longer subject to the order. (c) The notice initiating a proceeding conducted under this chapter may be served upon the licensee or former licensee of the State Bar to whom it is directed by certified mail, return receipt requested, addressed to the licensee or former licensee at the latest address shown on the official licensing records of the State Bar. The service is complete at the time of the mailing but any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after the notice is served by mail shall be extended five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. A licensee of the State Bar or former licensee may waive the requirements of this subdivision and may, with the written consent of another licensee of the State Bar, designate that other licensee to receive service of any notice or papers in any proceeding conducted under this chapter. (d) The State Bar shall not make available to the general public the information specified in paragraph (5) of subdivision (a) unless that information is required to be made available by a condition of probation. That information is, however, available to the State Bar, the Supreme Court, or the agency charged with attorney discipline. (e) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation. (Amended by Stats. 2024, Ch. 227, Sec. 1. (AB 3279) Effective January 1, 2025.)
  58. 6003.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    The State Bar’s licensees are classified as either active or inactive.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6003. Licensees of the State Bar are divided into two classes: (a) Active licensees. (b) Inactive licensees. (Amended by Stats. 2018, Ch. 659, Sec. 8. (AB 3249) Effective January 1, 2019.)
  59. 6004.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    State Bar licensees are treated as active licensees unless Section 6007 applies or they request inactive enrollment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6004. Every licensee of the State Bar is an active licensee until as in Section 6007 of this code provided or at the licensee’s request, the licensee is enrolled as an inactive licensee. (Amended by Stats. 2018, Ch. 659, Sec. 9. (AB 3249) Effective January 1, 2019.)
  60. 6005.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    This section defines inactive licensees as licensees who asked to be enrolled as inactive or who were enrolled as inactive under Section 6007.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6005. Inactive licensees are those licensees who have requested that they be enrolled as inactive licensees or who have been enrolled as inactive licensees as set forth in Section 6007. (Amended by Stats. 2018, Ch. 659, Sec. 10. (AB 3249) Effective January 1, 2019.)
  61. 6006.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    Inactive licensees may not practice law, and they may become active licensees again if they apply and pay required fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6006. (a) Active licensees who retire from practice shall be enrolled as inactive licensees at their request. (b) Inactive licensees are not entitled to practice law. Those who are enrolled as inactive licensees at their request may, on application and payment of all fees required, become active licensees. Those who are or have been enrolled as inactive licensees at their request are licensees of the State Bar for purposes of Section 15 of Article VI of the California Constitution. Those who are enrolled as inactive licensees pursuant to Section 6007 may become active licensees as provided in that section. (c) Inactive licensees have such other privileges, not inconsistent with this chapter, as the board of trustees provides. (Amended by Stats. 2025, Ch. 405, Sec. 1. (SB 253) Effective January 1, 2026.)
  62. 6007.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    This section requires the State Bar to place certain licensees or attorneys on inactive status in listed situations, and it sets out related notice, termination, and fee rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6007. (a) When a licensee requires involuntary treatment pursuant to Article 6 (commencing with Section 5300) of Chapter 2 of Division 5 of, or Part 2 (commencing with Section 6250) of Division 6 of the Welfare and Institutions Code, or when under an order pursuant to Section 3051, 3106.5, or 3152 of the Welfare and Institutions Code they have been placed in or returned to inpatient status at the California Rehabilitation Center or its branches, or when they have been determined insane or mentally incompetent and is confined for treatment or placed on outpatient status pursuant to the Penal Code, or on account of their mental condition a guardian or conservator, for their estate or person or both, has been appointed, the Board of Trustees or an officer of the State Bar shall enroll the licensee as an inactive licensee. The clerk of any court making an order containing any of the determinations or adjudications referred to in the immediately preceding paragraph shall send a certified copy of that order to the State Bar at the same time that the order is entered. The clerk of any court with which is filed a notice of certification for intensive treatment pursuant to Article 4 (commencing with Section 5250) of Chapter 2 of Division 5 of the Welfare and Institutions Code, upon receipt of the notice, shall transmit a certified copy of it to the State Bar. The State Bar may procure a certified copy of any determination, order, adjudication, appointment, or notice when the clerk concerned has failed to transmit one or when the proceeding was had in a court other than a court of this state. In the case of an enrollment pursuant to this subdivision, the State Bar shall terminate the enrollment when the licensee has had the fact of their restoration to capacity judicially determined, upon the licensee’s release from inpatient status at the California Rehabilitation Center or its branches pursuant to Section 3053, 3109, or 3151 of the Welfare and Institutions Code, or upon the licensee’s unconditional release from the medical facility pursuant to Section 5304 or 5305 of the Welfare and Institutions Code; and on payment of all fees required. When a licensee is placed in, returned to, or released from inpatient status at the California Rehabilitation Center or its branches, or discharged from the narcotics treatment program, the Director of Corrections or their designee shall transmit to the State Bar a certified notice attesting to that fact. (b) The State Bar Court shall also enroll a licensee of the State Bar as an inactive licensee in each of the following cases: (1) A licensee asserts a claim of insanity or mental incompetence in any pending action or proceeding, alleging their inability to understand the nature of the action or proceeding or inability to assist counsel in representation of the licensee. (2) The court makes an order assuming jurisdiction over the licensee’s law practice, pursuant to Section 6180.5 or 6190.34. (3) After notice and opportunity to be heard before the State Bar Court, the State Bar Court finds that the licensee, because of mental infirmity or illness, or because of the habitual use of intoxicants or drugs, is (i) unable or habitually fails to perform their duties or undertakings competently, or (ii) unable to practice law without substantial threat of harm to the interests of their clients or the public. No proceeding pursuant to this paragraph shall be instituted unless the State Bar Court finds, after preliminary investigation, or during the course of a disciplinary proceeding, that probable cause exists therefor. The determination of probable cause is administrative in character and no notice or hearing is required. In the case of an enrollment pursuant to this subdivision, the State Bar Court shall terminate the enrollment upon proof that the facts found as to the licensee’s disability no longer exist and on payment of all fees required. (c) (1) The State Bar Court may order the involuntary inactive enrollment of an attorney upon a finding based on all the available evidence, including affidavits, that the attorney has not complied with Section 6002.1 and cannot be located after reasonable investigation. (2) The State Bar Court may order the involuntary inactive enrollment of an attorney if it finds, based on all the available evidence, including affidavits: (A) The attorney has caused or is causing substantial harm to the attorney’s clients or the public. (B) There is a reasonable probability that the chief trial counsel will prevail on the merits of the underlying disciplinary matter, and that the attorney will be disbarred. (3) In the case of an enrollment under paragraph (2), the underlying matter shall proceed on an expedited basis. (4) The State Bar Court shall order the involuntary inactive enrollment of an attorney upon the filing of a recommendation of disbarment after hearing or default. For purposes of this section, that attorney shall be placed on involuntary inactive enrollment regardless of the license status of the attorney at the time. (5) The State Bar Court shall order the involuntary inactive enrollment of an attorney who is sentenced to incarceration for 90 days or more as a result of a criminal conviction for at least the period of time in which the attorney is incarcerated. (6) The State Bar Court shall order attorneys who are placed on inactive enrollment pursuant to this subdivision to comply with Rule 9.20 of the California Rules of Court. (7) The board shall formulate and adopt rules of procedure to implement this subdivision. In the case of an enrollment pursuant to this subdivision, the State Bar Court shall terminate the involuntary inactive enrollment upon proof that the attorney’s conduct no longer poses a substantial threat of harm to the interests of the attorney’s clients or the public or where an attorney who could not be located proves compliance with Section 6002.1. (d) (1) The State Bar Court may order the involuntary inactive enrollment of an attorney for violation of probation upon the occurrence of all of the following: (A) The attorney is under a suspension order any portion of which has been stayed during a period of probation. (B) The State Bar Court finds that probation has been violated. (C) The State Bar Court recommends to the Supreme Court that the attorney receive an actual suspension on account of the probation violation or other disciplinary matter. (2) The State Bar Court shall terminate an enrollment under this subdivision upon expiration of a period equal to the period of stayed suspension in the probation matter, or until the effective date of a Supreme Court order imposing an actual suspension on account of the probation violation or other disciplinary matter, whichever occurs first. (3) If the Supreme Court orders a period of actual suspension in the probation matter, any period of involuntary inactive enrollment pursuant to this subdivision shall be credited against the period of actual suspension ordered. (e) (1) The State Bar Court shall order the involuntary, inactive enrollment of a licensee whose default has been entered pursuant to the State Bar Rules of Procedure if both of the following conditions are met: (A) The notice was duly served pursuant to subdivision (c) of Section 6002.1. (B) The notice contained the following language at or near the beginning of the notice, in capital letters: IF YOU FAIL TO FILE AN ANSWER TO THIS NOTICE WITHIN THE TIME ALLOWED BY STATE BAR RULES, INCLUDING EXTENSIONS, OR IF YOU FAIL TO APPEAR AT THE STATE BAR COURT TRIAL, (1) YOUR DEFAULT SHALL BE ENTERED, (2) YOU SHALL BE ENROLLED AS AN INVOLUNTARY INACTIVE LICENSEE OF THE STATE BAR AND WILL NOT BE PERMITTED TO PRACTICE LAW UNLESS THE DEFAULT IS SET ASIDE ON MOTION TIMELY MADE UNDER THE RULES OF PROCEDURE OF THE STATE BAR, (3) YOU SHALL NOT BE PERMITTED TO PARTICIPATE FURTHER IN THESE PROCEEDINGS UNLESS YOUR DEFAULT IS SET ASIDE, AND (4) YOU SHALL BE SUBJECT TO ADDITIONAL DISCIPLINE. (2) The State Bar Court shall terminate the involuntary inactive enrollment of a licensee under this subdivision when the licensee’s default is set aside on motion timely made under the State Bar Rules of Procedure or the disciplinary proceedings are completed. (3) The enrollment under this subdivision is administrative in character and no hearing is required. (4) Upon the involuntary inactive enrollment of a licensee under this subdivision, the notice required by subdivision (b) of Section 6092.5 shall be promptly given. (f) The pendency or determination of a proceeding or investigation provided for by this section shall not abate or terminate a disciplinary investigation or proceeding except as required by the facts and law in a particular case. (g) No license fees shall accrue against the licensee during the period they are enrolled as an inactive licensee pursuant to this section. (h) The State Bar Court may order a full range of interim remedies or final discipline short of involuntary inactive enrollment, including, but not limited to, conditions of probation following final discipline, or directly ordered interim remedies, to restrict or supervise an attorney’s practice of law, as well as proceedings under subdivision (a), (b), (c), or (d), or under Section 6102 or 6190. They may include restrictions as to scope of practice, monetary accounting procedures, review of performance by probation or other monitors appointed by the board, or such other measures as may be determined, after hearing, to protect present and future clients from likely substantial harm. These restrictions may be imposed upon a showing as provided in subdivision (c). (Amended by Stats. 2023, Ch. 697, Sec. 5. (SB 40) Effective January 1, 2024.)
  63. 6008.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    State Bar property is exempt from state and local taxes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6008. All property of the State Bar is hereby declared to be held for essential public and governmental purposes in the judicial branch of the government and such property is exempt from all taxes of the State or any city, city and county, district, public corporation, or other political subdivision, public body or public agency. (Added by Stats. 1957, Ch. 1526.)
  64. 6008.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    State Bar contractual obligations may not create state liability, personal liability for specified persons, or require approval under other California laws or regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6008.1. No bond, note, debenture, evidence of indebtedness, mortgage, deed of trust, assignment, pledge, contract, lease, agreement, or other contractual obligation of the State Bar shall: (a) Create a debt or other liability of the state nor of any entity other than the State Bar (or any successor public corporation). (b) Create any personal liability on the part of the licensees of the State Bar or the members of the board of trustees or any person executing the same, by reason of the issuance or execution thereof. (c) Be required to be approved or authorized under the provisions of any other law or regulation of this state. (Amended by Stats. 2018, Ch. 659, Sec. 13. (AB 3249) Effective January 1, 2019.)
  65. 6008.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    Certain State Bar debt instruments are exempt from taxes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6008.2. Bonds, notes, debentures and other evidences of indebtedness of the State Bar are hereby declared to be issued for essential public and governmental purposes in the judicial branch of the government and, together with interest thereon and income therefrom, shall be exempt from taxes. (Added by Stats. 1957, Ch. 1526.)
  66. 6008.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

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    The State Bar may give an obligee or trustee rights to act if the State Bar defaults on an obligation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6008.3. The State Bar may vest in any obligee or trustee the right, in the event of default upon any obligation of the State Bar, to take possession of property of the State Bar, cause the appointment of a receiver for such property, acquire title thereto through foreclosure proceedings, and exercise such other rights and remedies as may be mutually agreed upon between the State Bar and the holder or proposed holder of any such obligation. (Added by Stats. 1957, Ch. 1526.)
  67. 6008.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar’s board of trustees may exercise the State Bar’s powers and may set terms for instruments relating to State Bar obligations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6008.4. All powers granted to the State Bar by Sections 6001 and 6008.3 may be exercised and carried out by action of its board of trustees. In any resolution, indenture, contract, agreement, or other instrument providing for, creating, or otherwise relating to, any obligation of the State Bar, the board may make, fix, and provide such terms, conditions, covenants, restrictions, and other provisions as the board deems necessary or desirable to facilitate the creation, issuance, or sale of such obligation or to provide for the payment or security of such obligation and any interest thereon, including, but not limited to, covenants and agreements relating to fixing and maintaining license fees. (Amended by Stats. 2018, Ch. 659, Sec. 14. (AB 3249) Effective January 1, 2019.)
  68. 6008.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar cannot award larger contracts above the stated dollar limits unless the required standards and board approval are in place, and it must create a request-for-proposal procedure by rule.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6008.6. The State Bar shall award no contract for goods, services, or both, for an aggregate amount in excess of fifty thousand dollars ($50,000), or for information technology goods, services, or both, for an aggregate amount in excess of one hundred thousand dollars ($100,000), except pursuant to the standards established in Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code and approval of the board of trustees. In the event that approval for a particular contract by the board is not feasible because approval of the contract is necessary prior to the next regularly scheduled meeting of the board of trustees, the chief executive officer of the State Bar may approve the contract after consultation with and approval by a designated committee of the board and subject to notification of the full board at the board’s next regularly scheduled meeting. The State Bar shall establish a request for proposal procedure by rule, pursuant to the general standards established in Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. For the purposes of this section, “information technology” includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion voice, video, and data communications, network systems, requisite facilities, equipment, system controls, stimulation, electronic commerce, and all related interactions between people and machines. (Amended by Stats. 2017, Ch. 422, Sec. 3. (SB 36) Effective January 1, 2018.)
  69. 6008.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar must develop purchasing policies aligned with other state agencies by January 1, 2019.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6008.7. The State Bar shall, by January 1, 2019, develop purchasing policies that align with the purchasing policies of other state agencies. (Added by Stats. 2017, Ch. 422, Sec. 4. (SB 36) Effective January 1, 2018.)
  70. 6009.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    Local governments may require attorney-lobbyists to register and disclose lobbying activities, and local lobbyist activity bans also apply to them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6009. (a) Notwithstanding any other provision of law, a city, county, or city and county may require attorneys who qualify as lobbyists, as defined by the local jurisdiction, to register and disclose their lobbying activities directed toward the local agencies of those jurisdictions, in the same manner and to the same extent such registration and disclosure is required of nonattorney lobbyists. Any prohibitions against specified activities by lobbyists enacted by a city, county, or city and county shall also apply to attorneys who qualify as lobbyists. (b) For purposes of this section, information about a lobbyist that may be required to be disclosed is: (1) The name, business address, and telephone number of the lobbyist, of any lobbying firm of which the lobbyist is a partner, owner, officer, or employee; and of any persons or lobbying firms paid to lobby by the lobbyist. (2) The name, business address, and business telephone number of each client who pays the lobbyist to lobby; the specific matter and agency lobbied, itemized by client; and the amount of money paid to the lobbyist for lobbying and the total expenses of the lobbyist for lobbying, itemized by client. (3) All gifts or payments made by the lobbyist to officials in the jurisdiction, itemized by the name of the official, the amount, date, and description of the gift or payment, and the names of the person making the gift or payment and the person receiving the gift or payment. (4) All campaign contributions made, arranged, or delivered by the lobbyist to officials in the jurisdiction, specified by amount, date, and name of the official receiving the contribution. (Added by Stats. 1994, Ch. 526, Sec. 1. Effective January 1, 1995.)
  71. 6009.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    People who prepare state income tax returns, including attorneys, are to tell clients in writing before the return is completed that the client may make voluntary contribution check-off donations if they choose.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6009.3. The Legislature finds and declares that it is important to inform taxpayers that they may make voluntary contributions to certain funds or programs, as provided on the state income tax return. The Legislature further finds and declares that many taxpayers remain unaware of the voluntary contribution check-offs on the state income tax return. Therefore, it is the intent of the Legislature to encourage all persons who prepare state income tax returns, including attorneys, to inform their clients in writing, prior to the completion of any state income tax return, that they may make a contribution to any voluntary contribution check-off on the state income tax return if they so choose. (Amended by Stats. 1998, Ch. 485, Sec. 5. Effective January 1, 1999.)
  72. 6009.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar must set up procedures that let licensees report mandatory and voluntary information online through a centralized State Bar website mechanism.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 1. General Provisions [6000 - 6009.5] ( Article 1 added by Stats. 1939, Ch. 34. ) ## 6009.5. The State Bar shall adopt procedures to facilitate reporting of mandatory and voluntary information by providing licensees with a centralized mechanism for reporting information online at the State Bar Internet Web site, including, but not limited to, data required to be provided pursuant to the State Bar Act, or by other statutes, rules, and case law, and demographic information. Any demographic data collected shall be used only for general purposes and shall not be identified to any individual licensee or his or her State Bar record. (Amended by Stats. 2018, Ch. 659, Sec. 15. (AB 3249) Effective January 1, 2019.)
  73. 6010.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar is governed by a board of trustees, and that board has the powers and duties given by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6010. (a) The State Bar is governed by a board known as the board of trustees of the State Bar. The board has the powers and duties conferred by this chapter. (b) As used in this chapter or any other provision of law, “board of governors” shall be deemed to refer to the board of trustees. (Amended by Stats. 2011, Ch. 417, Sec. 9. (SB 163) Effective January 1, 2012.)
  74. 6011.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The board must appoint the State Bar’s executive director, the appointee must be a California lawyer, and the executive director cannot do private practice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6011. (a) The board shall appoint an executive director of the State Bar, who shall be responsible for the leadership and management of the State Bar according to the strategic direction set by the board. (b) The board shall appoint a lawyer admitted to practice in California to serve as the executive director of the State Bar. The executive director shall be appointed for a term of four years and may be reappointed for additional four-year terms. The executive director shall serve at the pleasure of the board. The executive director shall not engage in private practice. The State Bar shall notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of an executive director. (c) The appointment of the executive director is subject to confirmation by the Senate, and the time limits prescribed in Section 1774 of the Government Code for Senate confirmation and for service in office are applicable to the appointment. (d) This section applies to persons appointed as the executive director on or after January 1, 2024. (Added by Stats. 2023, Ch. 697, Sec. 6. (SB 40) Effective January 1, 2024.)
  75. 6012.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The board must appoint a general counsel for the State Bar, and that person may not engage in private practice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6012. (a) The board shall appoint a general counsel of the State Bar to serve as the chief legal advisor to the board on issues not related to attorney discipline. (b) The board shall appoint a lawyer admitted to practice in California to serve as general counsel of the State Bar. The general counsel shall be appointed for a term of four years and may be reappointed for additional four-year terms. The general counsel shall serve at the pleasure of the board. The general counsel shall not engage in private practice. The State Bar shall notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of a general counsel. (c) The appointment of the general counsel is subject to confirmation by the Senate, and the time limits prescribed in Section 1774 of the Government Code for Senate confirmation and for service in office are applicable to the appointment. (d) This section applies to persons appointed general counsel on or after January 1, 2024. (Added by Stats. 2023, Ch. 697, Sec. 7. (SB 40) Effective January 1, 2024.)
  76. 6013.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The Supreme Court must appoint five attorney board members, can prescribe the appointment process, and must fill vacancies and reappointments. The State Bar handles the administrative tasks for that appointment process.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6013.1. (a) The Supreme Court shall appoint five attorney members of the board pursuant to a process that the Supreme Court may prescribe. These attorney members shall serve for a term of four years and may be reappointed by the Supreme Court for one additional term only. (b) The Supreme Court shall fill any vacancy in the term of, and make any reappointment of, any appointed attorney member. (c) When making appointments to the board, the Supreme Court should consider appointing attorneys that represent the following categories: legal services; small firm or solo practitioners; historically underrepresented groups, including consideration of race, ethnicity, gender, and sexual orientation; and legal academics. In making appointments to the board, the Supreme Court should also consider geographic distribution, years of practice, particularly attorneys who are within the first five years of practice or 36 years of age and under, and participation in voluntary local or state bar activities. (d) The State Bar shall be responsible for carrying out the administrative responsibilities related to the appointment process described in subdivision (a). (Amended by Stats. 2025, Ch. 405, Sec. 2. (SB 253) Effective January 1, 2026.)
  77. 6013.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    Two attorney board members are appointed by specified legislative leaders, serve four-year terms, and vacancies are filled for the rest of the term.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6013.3. (a) One attorney member of the board shall be appointed by the Senate Committee on Rules and one attorney member of the board shall be appointed by the Speaker of the Assembly. (b) An attorney member appointed pursuant to this section shall serve for a term of four years. Vacancies shall be filled for the remainder of the term. An appointed attorney member may be reappointed pursuant to this section. (Amended by Stats. 2017, Ch. 422, Sec. 10. (SB 36) Effective January 1, 2018.)
  78. 6013.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    This section sets the composition of the board’s public members and assigns appointment and vacancy-filling duties to specified authorities.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6013.5. (a) Effective January 1, 2018, a maximum of six members of the board shall be members of the public who have never been licensees of the State Bar or admitted to practice before any court in the United States. (b) Each of these members shall serve for a term of four years. Vacancies shall be filled for the remainder of the term. (c) Effective January 1, 2018, one public member shall be appointed by the Senate Committee on Rules and one public member shall be appointed by the Speaker of the Assembly. (d) Four public members shall be appointed by the Governor, subject to the confirmation of the Senate. (e) Each respective appointing authority shall fill any vacancy in and make any reappointment to each respective office. (Amended by Stats. 2018, Ch. 659, Sec. 16. (AB 3249) Effective January 1, 2019.)
  79. 6013.5.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    This section says certain attorney provisions apply to public members appointed or reappointed on or after January 1, 2012.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6013.5.5. Subdivision (c) of Section 450 and Sections 450.2 to 450.6, inclusive, shall apply to public members appointed or reappointed on or after January 1, 2012. (Amended by Stats. 2022, Ch. 569, Sec. 2. (AB 156) Effective September 27, 2022.)
  80. 6013.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

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    A public agency employee who serves on the State Bar Board of Trustees must not lose employment rights or benefits because of that service, except that salary may be reduced pro rata in limited circumstances.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6013.6. (a) Except as provided in subdivision (b), any full-time employee of any public agency who serves as a member of the Board of Trustees of the State Bar of California shall not suffer any loss of rights, promotions, salary increases, retirement benefits, tenure, or other job-related benefits, which he or she would otherwise have been entitled to receive. (b) Notwithstanding the provisions of subdivision (a), any public agency which employs a person who serves as a member of the Board of Trustees of the State Bar of California may reduce the employee’s salary, but no other right or job-related benefit, pro rata to the extent that the employee does not work the number of hours required by statute or written regulation to be worked by other employees of the same grade in any particular pay period and the employee does not claim available leave time. The employee shall be afforded the opportunity to perform job duties during other than regular working hours if such a work arrangement is practical and would not be a burden to the public agency. (c) The Legislature finds that service as a member of the Board of Trustees of the State Bar of California by a person employed by a public agency is in the public interest. (Amended by Stats. 2011, Ch. 417, Sec. 18. (SB 163) Effective January 1, 2012.)
  81. 6015.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    A person may be eligible for attorney membership on the board only if they are an active State Bar licensee and meet the stated office-location requirement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6015. No person is eligible for attorney membership on the board unless both of the following conditions are satisfied: (a) He or she is an active licensee of the State Bar. (b) Either: (1) Prior to October 31, 2020, if elected, he or she maintains his or her principal office for the practice of law within the State Bar district from which he or she is elected. (2) If appointed by the Supreme Court or the Legislature, he or she maintains his or her principal office for the practice of law within the State of California. (Amended by Stats. 2018, Ch. 659, Sec. 17. (AB 3249) Effective January 1, 2019.)
  82. 6016.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    Attorney board members serve four-year terms; vacancies are filled for the rest of the term, and the board of trustees may create an interim board if vacancies leave less than a quorum.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6016. (a) The term of office of each attorney member of the board shall be four years. Vacancies shall be filled for the remainder of the term. (b) The board of trustees may provide by rule for an interim board to act in the place and stead of the board when because of vacancies during terms of office there is less than a quorum of the board. (c) The time served during the remainder of a midterm vacancy by any member appointed to fill that vacancy shall not count toward any term limits for the member filling the vacancy. (Amended by Stats. 2022, Ch. 419, Sec. 2. (AB 2958) Effective September 18, 2022.)
  83. 6016.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

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    Each appointing authority may remove its board appointees from office for neglect, incompetence, or unprofessional or dishonorable conduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6016.2. (a) Each appointing authority may remove from office at any time any member of the board appointed by that authority for continued neglect of duties required by law, or for incompetence or unprofessional or dishonorable conduct. (b) Nothing in this section shall be construed as a limitation or restriction on the power of the appointing authority conferred on the appointing authority by any other provision of law to remove any member of the board. (c) As used in this section, “appointing authority” means the person or entity with authority to make an appointment to the board as provided in this article. (Added by Stats. 2024, Ch. 227, Sec. 2. (AB 3279) Effective January 1, 2025.)
  84. 6019.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    Each board seat that will be filled by appointment is treated as a separate office for that appointment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6019. Each place upon the board for which a member is to be appointed shall for the purposes of the appointment be deemed a separate office. (Amended by Stats. 2017, Ch. 422, Sec. 15. (SB 36) Effective January 1, 2018.)
  85. 6020.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar’s officers are a chair, a vice chair, and a secretary.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6020. The officers of the State Bar are a chair, a vice chair, and a secretary. (Amended by Stats. 2018, Ch. 659, Sec. 19. (AB 3249) Effective January 1, 2019.)
  86. 6021.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The Supreme Court appoints the board’s chair and vice chair. Each serves a term of no more than two years, starts duties after the September meeting following appointment, and generally may not serve more than two terms, with a vacancy-fill exception.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6021. (a) The selection of the chair and vice chair of the board shall be made by appointment of the Supreme Court. (b) The chair and the vice chair shall each be appointed for a term not to exceed two years. The chair and vice chair shall assume the duties of their respective offices at the conclusion of the September meeting following their appointment. The chair and vice chair shall not serve more than two terms, except that a chair or vice chair who is appointed to fill a vacancy for the balance of a term is eligible to serve two full terms in addition to the remainder of the term for which they were appointed. (Amended by Stats. 2023, Ch. 697, Sec. 8. (SB 40) Effective January 1, 2024.)
  87. 6023.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    State Bar officers must stay in office until successors are appointed or selected.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6023. The officers of the State Bar shall continue in office until their successors are appointed or selected. (Amended by Stats. 2018, Ch. 659, Sec. 21. (AB 3249) Effective January 1, 2019.)
  88. 6024.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The chair must preside over meetings of the State Bar and the board; if the chair cannot act, the vice chair must preside instead.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6024. The chair shall preside at all meetings of the State Bar and of the board, and in the event of his or her absence or inability to act, the vice chair shall preside. Other duties of the chair and the vice chair, and the duties of the secretary, shall be such as the board may prescribe. (Amended by Stats. 2018, Ch. 659, Sec. 22. (AB 3249) Effective January 1, 2019.)
  89. 6025.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The board may make rules and regulations needed to carry out this chapter, as long as it acts subject to state law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6025. Subject to the laws of this state, the board may formulate and declare rules and regulations necessary or expedient for the carrying out of this chapter. (Amended by Stats. 2019, Ch. 698, Sec. 4. (SB 176) Effective January 1, 2020.)
  90. 6026.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar must comply with the California Public Records Act, and its public records and writings are covered by that Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6026.11. The State Bar is subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and all public records and writings of the State Bar are subject to the California Public Records Act. (Amended by Stats. 2021, Ch. 615, Sec. 13. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  91. 6026.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar must follow the Bagley-Keene Open Meeting Act, must take public comment in open session on agendized board matters, and may hold closed sessions for specified topics.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6026.7. (a) The State Bar is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and all meetings of the State Bar are subject to the Bagley-Keene Open Meeting Act. (b) Notwithstanding any other law, the Bagley-Keene Open Meeting Act shall not apply to the Judicial Nominees Evaluation Commission or the State Bar Court. (c) In addition to the grounds authorized in the Bagley-Keene Open Meeting Act, a closed session may be held for those meetings, or portions thereof, relating to any of the following: (1) Appeals from decisions of the Board of Legal Specialization refusing to certify or recertify an applicant or suspending or revoking a specialist’s certificate. (2) The preparation of examination materials, the approval, the grading, or the security of test administration of examinations for certification of a specialist. (3) The preparation of examination materials, the approval, the grading, or the security of test administration of the California Bar Examination or the First-Year Law Students’ Examination. (4) Matters related to the Committee of Bar Examiners’ consideration of moral character, including allegations of criminal or professional misconduct, competence, or physical or mental health of an individual, requests by applicants for testing accommodations in connection with an application for admission to practice law, or appeals of the Committee of Bar Examiners’ determinations. (5) Information about a law school’s operations that constitutes a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code. (6) Matters related to the board’s consideration of waiving confidentiality related to records of disciplinary proceedings under subdivision (c) of Section 6086.1. (d) Notwithstanding subdivision (e) of Section 11125.7 of the Government Code, the State Bar shall accept public comment in open session on all matters that are agendized for discussion or decision by the board of trustees, whether in an open or a closed session. (e) The Committee of Bar Examiners shall not be considered an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body, as described in Section 11123.5 of the Government Code, for purposes of the Bagley-Keene Open Meeting Act. (Amended by Stats. 2025, Ch. 405, Sec. 3. (SB 253) Effective January 1, 2026.)
  92. 6027.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    Special meetings of the State Bar may be held only at the times and places the board provides.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6027. Special meetings of the State Bar may be held at such times and places as the board provides. (Added by Stats. 1939, Ch. 34.)
  93. 6028.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The board may use State Bar funds for necessary chapter expenses, board members cannot take extra compensation beyond necessary expenses, and certain public members may receive $50 per day plus expenses, capped at $500 per month.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6028. (a) The board may make appropriations and disbursements from the funds of the State Bar to pay all necessary expenses for effectuating the purposes of this chapter. (b) Except as provided in subdivision (c), no member of the board shall receive any other compensation than his or her necessary expenses connected with the performance of his or her duties as a member of the board. (c) Public members of the board appointed pursuant to the provisions of Section 6013.5 and public members of the examining committee appointed pursuant to Section 6046.5 shall receive, out of funds appropriated by the board for this purpose, fifty dollars ($50) per day for each day actually spent in the discharge of official duties, but in no event shall this payment exceed five hundred dollars ($500) per month. In addition, these public members shall receive, out of funds appropriated by the board, necessary expenses connected with the performance of their duties. (Amended by Stats. 2004, Ch. 529, Sec. 2. Effective January 1, 2005.)
  94. 6029.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The board may appoint committees, officers, and employees, and may set and pay salaries and necessary expenses. The executive committee must include at least one board member appointed by each listed appointing authority.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6029. (a) The board may appoint such committees, officers and employees as it deems necessary or proper, and fix and pay salaries and necessary expenses. (b) The members of the executive committee of the board shall include at least one board member appointed by each of the following appointing authorities: (1) The Supreme Court. (2) The Governor. (3) The Speaker of the Assembly. (4) The Senate Committee on Rules. (Amended by Stats. 2017, Ch. 422, Sec. 20. (SB 36) Effective January 1, 2018.)
  95. 6030.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The board is responsible for the State Bar’s executive function and enforcing this chapter. The State Bar may bring a superior court civil action to stop violations or threatened violations of certain articles, and it does not need to post an undertaking.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6030. The board shall be charged with the executive function of the State Bar and the enforcement of the provisions of this chapter. The violation or threatened violation of any provision of Articles 7 (commencing with Section 6125) and 9 (commencing with Section 6150) of this chapter may be enjoined in a civil action brought in the superior court by the State Bar and no undertaking shall be required of the State Bar. (Amended by Stats. 1961, Ch. 2033.)
  96. 6031.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The board may help with jurisprudence and justice-administration matters, but it may not investigate or report on any specific justice’s qualifications or conduct without prior legislative review and authorization.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6031. (a) The board may aid in all matters pertaining to the advancement of the science of jurisprudence or to the improvement of the administration of justice. (b) Notwithstanding this section or any other law, the board shall not conduct or participate in, or authorize any committee, agency, employee, or commission of the State Bar to conduct or participate in any evaluation, review, or report on the qualifications, integrity, diligence, or judicial ability of any specific justice of a court provided for in Section 2 or 3 of Article VI of the California Constitution without prior review and statutory authorization by the Legislature. The provisions of this subdivision shall not be construed to prohibit a licensee of the State Bar from conducting or participating in such an evaluation, review, or report in his or her individual capacity. The provisions of this subdivision shall not be construed to prohibit an evaluation of potential judicial appointees or nominees as authorized by Section 12011.5 of the Government Code. (Amended by Stats. 2018, Ch. 659, Sec. 23. (AB 3249) Effective January 1, 2019.)
  97. 6031.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    This section restricts funding for the California Lawyers Association, allows the State Bar to provide and contract for services under conditions, and requires reimbursement and audit checks.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6031.5. (a) The California Lawyers Association and its activities shall not be funded with mandatory fees collected pursuant to subdivision (a) of Section 6140. The State Bar may provide the California Lawyers Association with administrative and support services, provided the California Lawyers Association agrees, before such services are provided, to the nature, scope, and cost of those services. The State Bar shall be reimbursed for the full cost of those services out of funds collected pursuant to subdivision (b) or funds provided by the California Lawyers Association. The financial audit specified in Section 6145 shall confirm that the amount assessed by the State Bar for providing the services reimburses the costs of providing them, and shall verify that mandatory fees are not used to fund the California Lawyers Association. The State Bar and the California Lawyers Association may also contract for other services provided by the State Bar or by the California Lawyers Association. (b) Notwithstanding any other law, the State Bar shall collect fees for the California Lawyers Association provided the Board of Trustees of the State Bar determines that the California Lawyers Association continues to serve a public purpose by providing the services described in subdivision (f) of Section 6056. The California Lawyers Association shall pay for the actual costs of the collection. (c) (1) Notwithstanding any other law, the State Bar is expressly authorized to collect, in conjunction with the State Bar’s collection of its annual license fees up to and through the collection of fees authorized for the year 2019, voluntary fees or donations on behalf of the Conference of Delegates of California Bar Associations, the independent nonprofit successor entity to the former Conference of Delegates of the State Bar which has been incorporated for the purposes of aiding in matters pertaining to the advancement of the science of jurisprudence or to the improvement of the administration of justice, and to convey any unexpended voluntary fees or donations previously made to the Conference of Delegates of the State Bar pursuant to this section to the Conference of Delegates of California Bar Associations. The Conference of Delegates of California Bar Associations shall pay for the cost of the collection. The State Bar and the Conference of Delegates of California Bar Associations may also contract for other services. The financial audit specified in Section 6145 shall confirm that the amount of any contract shall fully cover the costs of providing the services, and shall verify that mandatory fees are not used to fund any successor entity. (2) The Conference of Delegates of California Bar Associations, which is the independent nonprofit successor entity to the former Conference of Delegates of the State Bar as referenced in paragraph (1), is a voluntary association, is not a part of the State Bar of California, and shall not be funded in any way through mandatory fees collected by the State Bar of California. Any contribution or membership option included with a State Bar of California mandatory fees billing statement shall include a statement that the Conference of Delegates of California Bar Associations is not a part of the State Bar of California and that membership in that organization is voluntary. (3) This subdivision shall become inoperative on January 1, 2020. (Amended by Stats. 2024, Ch. 227, Sec. 3. (AB 3279) Effective January 1, 2025.)
  98. 6032.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar may collect voluntary fees, together with annual license fees, to fund the California Supreme Court Historical Society.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6032. Notwithstanding any other law, the State Bar is expressly authorized to collect, in conjunction with the State Bar’s collection of its annual license fees, voluntary fees on behalf of and for the purpose of funding the California Supreme Court Historical Society, which advances the science of jurisprudence by preserving and disseminating to the general public the history of the Supreme Court and the Judicial Branch. (Amended by Stats. 2018, Ch. 659, Sec. 25. (AB 3249) Effective January 1, 2019.)
  99. 6032.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar may collect voluntary donations when it collects annual license fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6032.1. Notwithstanding any other law, the State Bar is expressly authorized to collect, in conjunction with the State Bar’s collection of its annual license fees, voluntary donations on behalf of and for the purpose of funding California ChangeLawyers, which promotes a better justice system for all Californians. (Added by Stats. 2019, Ch. 698, Sec. 6. (SB 176) Effective January 1, 2020.)
  100. 6032.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    This section creates the Public Interest Attorney Loan Repayment Account in the State Treasury and directs how certain deposited funds must be used.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6032.5. (a) The Public Interest Attorney Loan Repayment Account is hereby established within the State Treasury. (b) Funds from an IOLTA account that escheat to the state and are deposited into the Public Interest Attorney Loan Repayment Account pursuant to subdivision (c) of Section 1564.5 of the Code of Civil Procedure shall be used, upon appropriation by the Legislature, by the Student Aid Commission for the purpose of providing increased funding for, both the administration of and the provision of loan assistance pursuant to, the Public Interest Attorney Loan Repayment Program pursuant to Article 12 (commencing with Section 69740) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code. (Added by Stats. 2015, Ch. 488, Sec. 1. (SB 134) Effective January 1, 2016.)
  101. 6033.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar may collect voluntary support for nonprofit legal aid groups, and it must distribute the money to qualified legal services projects and support centers without taking administrative deductions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6033. (a) Notwithstanding any other law, the State Bar is expressly authorized to facilitate the professional responsibilities of licensees by collecting, in conjunction with the State Bar’s collection of its annual license fees or otherwise, voluntary financial support for nonprofit organizations that provide free legal services to persons of limited means. All funds received for programs related to this section shall be distributed to qualified legal services projects and support centers as provided in Section 6216 without deduction for administrative fees, costs, or expenses by the State Bar. Any fees, costs, or expenses associated with administering this section shall be absorbed within the costs allowed by and paid from the funds specified in Section 6216. (b) To implement this section, the State Bar, in consultation with the Chief Justice of California, shall appoint a task force of key stakeholders to analyze the mechanisms and experience of bar associations that have adopted programs for the collection of financial contributions from bar licensees and shall propose an appropriate method for facilitating the collection and distribution of voluntary contributions that is best calculated to generate the greatest level of financial support and participation from State Bar licensees, taking into account such issues as the justice-gap between the legal needs of low-income people in California and the legal resources available to assist them. The method and any recommended voluntary contribution amount adopted by the Board of Trustees of the State Bar of California shall be implemented for the 2008 fiscal year, and shall be reviewed and adjusted as needed after two years and, thereafter, every five years as needed, in consultation with affected service providers and other key stakeholders. (Amended by Stats. 2018, Ch. 659, Sec. 26. (AB 3249) Effective January 1, 2019.)
  102. 6034.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    The State Bar of California must participate in a collections program and allocate received funds to the purposes set out in Section 6033.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6034. (a) The State Bar of California is authorized and directed to participate as a state agency in the Interagency Intercept Collections Program established pursuant to Section 12419.2 of the Government Code for the collection of any unpaid amounts owed to the State Bar of California, including any fine, penalty, assessment, cost, or reimbursement imposed under Section 6086.10, subdivision (c) of Section 6140.5, and any other applicable law. All funds received by the State Bar of California shall be allocated for the purposes established pursuant to Section 6033. (b) This section shall become operative on January 1, 2026. (Repealed (in Sec. 4) and added by Stats. 2024, Ch. 227, Sec. 5. (AB 3279) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  103. 6034.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. )

    Verify source ↗

    State Bar entities exploring a regulatory sandbox must prioritize consumer protection and access to justice, avoid corporate ownership and fee-splitting with nonlawyers, follow unauthorized-practice-of-law restrictions, and the State Bar may not spend funds on noncompliant activities.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2. Administration [6010 - 6034.1] ( Article 2 added by Stats. 1939, Ch. 34. ) ## 6034.1. (a) Any entity of the State Bar of California exploring a regulatory sandbox shall do all of the following: (1) Prioritize protecting individuals, especially those in need of legal assistance, from unscrupulous actors, including those actors seeking to do business in the legal field, above all else. (2) Prioritize increasing access to justice for persons who qualify for legal assistance from qualified legal services organizations or from State Department of Social Services-funded immigration legal services. (3) Exclude corporate ownership of law firms and splitting legal fees with nonlawyers, which has historically been banned by common law and statute due to grave concerns that it could undermine consumer protection by creating conflicts of interests that are difficult to overcome and fundamentally infringe on the basic and paramount obligations of attorneys to their clients. (4) Adhere to, and not propose any abrogation of, the restrictions on the unauthorized practice of law, including, but not limited to, Sections 13405 and 16951 of the Corporations Code. (b) This section does not limit the State Bar’s ability to provide limited practice licenses to law students and law graduates under certain conditions, and with the supervision of an active State Bar-licensed attorney. (c) This section does not limit the examination of the use of technology to increase access to justice for persons who qualify for legal assistance from qualified legal services organizations or from State Department of Social Services-funded immigration legal services, low-income individuals, and small businesses, so long as proposals adhere to, and do not propose any abrogation of, the restrictions on the unauthorized practice of law, including, but not limited to, Sections 13405 and 16951 of the Corporations Code. (d) This section does not preclude the State Bar from seeking feedback from legal services organizations, including organizations that provide legal services in family law and immigration law, community-based organizations, and consumers about options for increasing access to legal services. (e) The State Bar shall not expend any funds, regardless of the source, on activities that do not meet the requirements of this section. (f) This section shall become operative on January 1, 2025. (Repealed (in Sec. 3) and added by Stats. 2022, Ch. 419, Sec. 4. (AB 2958) Effective September 18, 2022. Operative January 1, 2025, by its own provisions.)
  104. 6035.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2.5. Conflicts of Interest [6035 - 6038] ( Article 2.5 added by Stats. 1978, Ch. 752. )

    Verify source ↗

    This section says the definitions in Chapter 2 of Title 9 of the Government Code apply when interpreting this article, unless the context clearly shows otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2.5. Conflicts of Interest [6035 - 6038] ( Article 2.5 added by Stats. 1978, Ch. 752. ) ## 6035. Unless the contrary is stated or clearly appears from the context, the definitions set forth in Chapter 2 (commencing with Section 82000) of Title 9 of the Government Code shall govern the interpretation of this article. (Added by Stats. 1978, Ch. 752.)
  105. 6036.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2.5. Conflicts of Interest [6035 - 6038] ( Article 2.5 added by Stats. 1978, Ch. 752. )

    Verify source ↗

    Board of trustees members must step aside from State Bar decisions when they have a disqualifying financial or personal interest, and must disclose and withdraw from the matter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2.5. Conflicts of Interest [6035 - 6038] ( Article 2.5 added by Stats. 1978, Ch. 752. ) ## 6036. (a) Any member of the board of trustees shall disqualify themself from making, participating in the making of, or attempting to influence any decisions of the State Bar in which the member has a financial interest, as that term is defined in Section 87103 of the Government Code, that it is reasonably foreseeable may be affected materially by the decision. (b) Any member of the board of trustees shall likewise disqualify themself when there exists a personal interest that may prevent the member from applying disinterested skill and undivided loyalty to the State Bar in making or participating in the making of decisions. (c) Notwithstanding subdivisions (a) and (b), no member shall be prevented from making or participating in the making of any decision to the extent that the member’s participation is legally required for the action or decision to be made. The fact that a member’s vote is needed to break a tie does not make the member’s participation legally required for the purposes of this section. (d) A member required to disqualify themself because of a conflict of interest shall (1) immediately disclose the interest, (2) withdraw from any participation in the matter, (3) refrain from attempting to influence another member, and (4) refrain from voting. It is sufficient for the purpose of this section that the member indicate only that the member has a disqualifying financial or personal interest. (e) For purposes of this article and unless otherwise specified, “member” means any appointed or elected member of the board of trustees. (Amended by Stats. 2023, Ch. 697, Sec. 10. (SB 40) Effective January 1, 2024.)
  106. 6037.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2.5. Conflicts of Interest [6035 - 6038] ( Article 2.5 added by Stats. 1978, Ch. 752. )

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    Violations of Section 6036 by a board member can trigger a misdemeanor or civil penalty, and an attorney board member’s conviction must be sent to the Supreme Court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2.5. Conflicts of Interest [6035 - 6038] ( Article 2.5 added by Stats. 1978, Ch. 752. ) ## 6037. No action or decision of the State Bar shall be invalid because of the participation therein by a member or members of the board of trustees in violation of Section 6036. However, any member who intentionally violates the provisions of subdivision (a) of Section 6036 is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding five days, or by a fine not exceeding one thousand dollars ($1,000), or by both, and, if the member is an attorney member of the board, a certified copy of the record of conviction shall be transmitted to the Supreme Court for disposition as provided in Sections 6101 and 6102. Upon entry of final judgment of conviction, the member’s term of office on the board of trustees, and duties and authority incidental thereto, shall automatically terminate. Any member who intentionally violates the provisions of subdivision (b) of Section 6036 shall be liable for a civil penalty not to exceed five hundred dollars ($500) for each violation, which shall be assessed and recovered in a civil action in a court of competent jurisdiction brought in the name of the state only by a district attorney of a county in which the member resides or maintains offices and the penalty collected shall be paid to the treasurer of that county. (Amended by Stats. 2023, Ch. 697, Sec. 11. (SB 40) Effective January 1, 2024.)
  107. 6038.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2.5. Conflicts of Interest [6035 - 6038] ( Article 2.5 added by Stats. 1978, Ch. 752. )

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    Certain Judicial Council attorney members, nonjudge Commission on Judicial Performance members, and designated State Bar employees are subject to this article when dealing with certain governmental decisions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 2.5. Conflicts of Interest [6035 - 6038] ( Article 2.5 added by Stats. 1978, Ch. 752. ) ## 6038. Attorney members of the Judicial Council, members of the Commission on Judicial Performance who are not judges, and employees designated in the Conflict of Interest Code of the State Bar of California are subject to provisions of this article with respect to making, participating in the making, or attempting to influence, governmental decisions of their respective state agencies other than decisions of a judicial or quasi-judicial nature. (Added by Stats. 1984, Ch. 727, Sec. 1. Operative July 1, 1985, by Sec. 12 of Ch. 727.)
  108. 6043.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    Knowingly making a false and malicious complaint or report to the State Bar about an attorney’s misconduct is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6043.5. (a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor. (b) The State Bar may, in its discretion, notify the appropriate district attorney or city attorney that a person has filed what the State Bar believes to be a false and malicious report or complaint against an attorney and recommend prosecution of the person under subdivision (a). (Added by Stats. 1990, Ch. 1639, Sec. 2.)
  109. 6044.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The chief trial counsel may start and carry out investigations, even without a complaint, into disciplinary matters, suspected violations of specified articles, and other matters within the State Bar’s jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6044. The chief trial counsel, with or without the filing or presentation of any complaint, may initiate and conduct investigations of all matters affecting or relating to: (a) The discipline of the licensees of the State Bar. (b) The acts or practices of a person whom the chief trial counsel has reason to believe has violated or is about to violate any provision of Articles 7 (commencing with Section 6125) and 9 (commencing with Section 6150) of this chapter. (c) Any other matter within the jurisdiction of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 32. (AB 3249) Effective January 1, 2019.)
  110. 6044.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The State Bar must keep certain nonpublic information confidential, but it must disclose or exchange it with the appropriate enforcement agency in specified misconduct investigations. The Chief Trial Counsel or a designee may also disclose similar nonpublic information to certain government and licensing agencies, and to Judicial Nominees Evaluation Commission members or a review committee for nominee matters.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6044.5. (a) When an investigation or formal proceeding concerns alleged misconduct which may subject a licensee to criminal prosecution for any felony, or any lesser crime committed during the course of the practice of law, or in any manner that the client of the licensee was a victim, or may subject the licensee to disciplinary charges in another jurisdiction, the State Bar shall disclose, in confidence, information not otherwise public under this chapter to the appropriate agency responsible for criminal or disciplinary enforcement or exchange that information with that agency. (b) The Chief Trial Counsel or designee may disclose, in confidence, information not otherwise public under this chapter as follows: (1) To government agencies responsible for enforcement of civil and criminal laws or for professional licensing of individuals. (2) To members of the Judicial Nominees Evaluation Commission or a review committee thereof as to matters concerning nominees in any jurisdiction. (Amended by Stats. 2018, Ch. 659, Sec. 33. (AB 3249) Effective January 1, 2019.)
  111. 6046.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The board may establish an examining committee to examine law-admission applicants, administer admission requirements, and certify qualified applicants to the Supreme Court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6046. The board may establish an examining committee having the power: (a) To examine all applicants for admission to practice law. (b) To administer the requirements for admission to practice law. (c) To certify to the Supreme Court for admission those applicants who fulfill the requirements provided in this chapter. The examining committee shall be comprised of 19 members, 10 of whom shall be licensees of the State Bar or judges of courts of record in this state and nine of whom shall be public members who have never been licensees of the State Bar or admitted to practice before any court in the United States. At least one of the attorney members shall have been admitted to practice law in this state within three years from the date of the member’s appointment to the examining committee. (Amended by Stats. 2018, Ch. 659, Sec. 35. (AB 3249) Effective January 1, 2019.)
  112. 6046.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The Committee of Bar Examiners must submit a report by November 30, 2026 about whether adopting a uniform bar examination would be more efficient and lower costs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6046.2. (a) On or before November 30, 2026, the Committee of Bar Examiners shall provide a report to the board of trustees, the Chief Justice of the California Supreme Court, and to the Assembly and Senate Committees on Judiciary pursuant to Section 9795 of the Government Code on whether adopting a uniform bar examination, including, but not limited to, the National Conference of Bar Examiners’ Uniform Bar Examination or any successor or replacement of that exam, would be more efficient to administer and lower the cost of administration for the State Bar and examinees. (b) This section is repealed on January 1, 2030, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2025, Ch. 155, Sec. 1. (AB 484) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  113. 6046.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    Three public members of the examining committee are appointed by the Senate Rules Committee, three by the Speaker of the Assembly, and three by the Governor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6046.5. Three of the public members of the examining committee shall be appointed by the Senate Rules Committee, three of the public members shall be appointed by the Speaker of the Assembly, and three of the public members shall be appointed by the Governor. They shall serve for a term of four years, except that of the initial public members so appointed, two shall serve for two years and four shall serve for four years, as shall be determined by lot. The public members appointed pursuant to the amendment of this section during the 1987–88 Regular Session of the Legislature shall serve for four years. The public members shall have the same rights, powers, and privileges as any attorney member except that such a member shall not participate in the drafting of questions submitted to applicants on the California bar examination. (Amended by Stats. 2018, Ch. 659, Sec. 36. (AB 3249) Effective January 1, 2019.)
  114. 6046.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The Committee of Bar Examiners must give advance notice before making certain major changes to the bar exam, and must notify when AI is used in creating or grading questions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6046.6. (a) (1) (A) The Committee of Bar Examiners shall not alter the bar examination in a manner that requires the substantial modification of the training or preparation required for passage of the examination, except after giving two years’ notice of that change. (B) This requirement does not apply to a change in the bar examination that is applicable only at the option of the applicant. (2) The Committee of Bar Examiners shall not change the vendor or creator of the multiple choice questions except after giving 18 months’ notice of that change. This paragraph shall not apply to the vendor of multiple choice questions used for the July 2025 bar examination. (3) The Committee of Bar Examiners shall not authorize a remote administration of the bar examination except after giving two years’ notice of that change. (b) The Committee of Bar Examiners shall communicate and cooperate with the Law School Council and deans, or their designees, of law schools approved by the American Bar Association or the Committee of Bar Examiners. (c) Scaling may be used on the bar examination for the purpose of maintaining an examination of uniform difficulty from year to year. (d) (1) Any alteration to the bar examination that constitutes either of the following shall require at least 120 days notice: (A) Changes that affect the user experience with testing software. (B) Changes to the medium in which testing materials are provided. (2) The notice requirement shall not apply to updates to the software necessary for any of the following: (A) To satisfy bar examination security requirements. (B) To ensure compatibility with new or updates to operating systems, chipsets, or hardware. (C) To comply with web content accessibility guidelines or otherwise make the software more accessible. (D) To improve efficiency of the system architecture. (3) The notice requirement shall not apply to a change in the bar examination that is applicable only at the option of the applicant. (e) The Committee of Bar Examiners shall provide notice if artificial intelligence is used in creating questions for the bar examination or grading of the bar examination. (f) The changes made to subdivision (a) by the act that added this subdivision are to apply to any changes made from the July 2025 bar examination. (Amended by Stats. 2025, Ch. 405, Sec. 4. (SB 253) Effective January 1, 2026.)
  115. 6046.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The examining committee must oversee certain unaccredited law schools, and the Committee of Bar Examiners must collect a fee from them to fund that oversight.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6046.7. (a) Notwithstanding any other law, the examining committee shall be responsible for the approval, regulation, and oversight of degree-granting unaccredited law schools that meet both of the following: (1) Award the juris doctor (J.D.) professional degree in California. (2) Are not approved by the American Bar Association or the Committee of Bar Examiners. (b) The Committee of Bar Examiners shall assess and collect a fee from unaccredited law schools in an amount sufficient to fund the regulatory and oversight responsibilities imposed by this section. Nothing in this subdivision precludes the board of trustees from using other funds or fees collected by the State Bar or by the examining committee to supplement the funding of the regulatory and oversight responsibilities imposed by this section with other funds, if that supplemental funding is deemed necessary and appropriate to mitigate some of the additional costs of the regulation and oversight to facilitate the provision of a legal education at an affordable cost. (Amended by Stats. 2024, Ch. 227, Sec. 6. (AB 3279) Effective January 1, 2025.)
  116. 6046.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The board of trustees must regularly evaluate the bar examination and report the results, with a special deferral for the 2025 report.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6046.8. (a) At least once every seven years, or more frequently if directed by the Supreme Court, the board of trustees shall oversee an evaluation of the bar examination to determine if it properly tests for minimally needed competence for entry-level attorneys and shall make a determination, supported by findings, whether to adjust the examination or the passing score based on the evaluation. (b) The board of trustees shall report the results of the evaluation and any determination regarding adjustment in the passing score to the Supreme Court and the Legislature no later than March 15, 2018, and at least every seven years from the date of the previous report. (c) Notwithstanding subdivision (b), the report due in 2025 shall be deferred for a period of time not to exceed seven years from the deployment of a new bar examination developed in accordance with the order of the California Supreme Court. (Amended by Stats. 2024, Ch. 227, Sec. 7. (AB 3279) Effective January 1, 2025.)
  117. 6047.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The examining committee may adopt reasonable rules and regulations, but only with the board’s approval.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6047. Subject to the approval of the board, the examining committee may adopt such reasonable rules and regulations as may be necessary or advisable for the purpose of making effective the qualifications prescribed in Article 4. (Added by Stats. 1939, Ch. 34.)
  118. 6049.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The State Bar Court, the chief trial counsel or designee, and each party may use subpoenas and related powers to obtain witness attendance and documents in the specified proceedings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6049. (a) Upon the trial and hearing of all matters, the State Bar Court may do all of the following: (1) Take and hear evidence pertaining to the proceeding. (2) Administer oaths and affirmations. (3) Compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the proceeding. (b) In the conduct of investigations, the chief trial counsel or his or her designee, may compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the investigation. (c) In the conduct of all formal proceedings, each party may compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the proceeding. (Amended by Stats. 2018, Ch. 659, Sec. 38. (AB 3249) Effective January 1, 2019.)
  119. 6049.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    In State Bar disciplinary proceedings, a certified final order from certain other jurisdictions is conclusive evidence of misconduct, subject to listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6049.1. (a) In any disciplinary proceeding under this chapter, a certified copy of a final order made by any court of record or any body authorized by law or by rule of court to conduct disciplinary proceedings against attorneys, of the United States or of any state or territory of the United States or of the District of Columbia, determining that a licensee of the State Bar committed professional misconduct in such other jurisdiction shall be conclusive evidence that the licensee is culpable of professional misconduct in this state, subject only to the exceptions set forth in subdivision (b). (b) The board may provide by rule for procedures for the conduct of an expedited disciplinary proceeding against a licensee of the State Bar upon receipt by the State Bar of a certified copy of a final order determining that the licensee has been found culpable of professional misconduct in a proceeding in another jurisdiction conducted as specified in subdivision (a). The issues in the expedited proceeding shall be limited to the following: (1) The degree of discipline to impose. (2) Whether, as a matter of law, the licensee’s culpability determined in the proceeding in the other jurisdiction would not warrant the imposition of discipline in the State of California under the laws or rules binding upon licensees of the State Bar at the time the licensee committed misconduct in such other jurisdiction, as determined by the proceedings specified in subdivision (a). (3) Whether the proceedings of the other jurisdiction lacked fundamental constitutional protection. The licensee of the State Bar subject to the proceeding under this section shall bear the burden of establishing that the issues in paragraphs (2) and (3) do not warrant the imposition of discipline in this state. (c) In proceedings conducted under subdivision (b), the parties need not be afforded an opportunity for discovery unless the State Bar Court department or panel having jurisdiction so orders upon a showing of good cause. (d) In any proceedings conducted under this chapter, a duly certified copy of any portion of the record of disciplinary proceedings of another jurisdiction conducted as specified in subdivision (a) may be received in evidence. (e) This section shall not prohibit the institution of proceedings under Section 6044, 6101, or 6102, as may be appropriate, concerning any licensee of the State Bar based upon the licensee’s conduct in another jurisdiction, whether or not licensed as an attorney in the other jurisdiction. (Amended by Stats. 2018, Ch. 659, Sec. 39. (AB 3249) Effective January 1, 2019.)
  120. 6049.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    In disciplinary proceedings, a witness’s prior testimony may be used through an authenticated transcript, and the State Bar Court may order live testimony or refuse the transcript in part or in full in some cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6049.2. In all disciplinary proceedings pursuant to this chapter, the testimony of a witness given in a contested civil action or special proceeding to which the person complained against is a party, or in whose behalf the action or proceeding is prosecuted or defended, may be received in evidence, so far as relevant and material to the issues in the disciplinary proceedings, by means of a duly authenticated transcript of such testimony and without proof of the nonavailability of the witness; provided, the State Bar Court may order the production of and testimony by such witness, in lieu of or in addition to receiving a transcript of his or her testimony and may decline to receive in evidence any such transcript of testimony, in whole or in part, when it appears that the testimony was given under circumstances that did not require or allow an opportunity for full cross examination. (Amended by Stats. 2018, Ch. 659, Sec. 40. (AB 3249) Effective January 1, 2019.)
  121. 6050.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    A person who is subpoenaed and then refuses to appear, testify, answer proper questions, or produce requested books, papers, or documents is in contempt of the subpoenaing body.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6050. Whenever any person subpoenaed to appear and give testimony or to produce books, papers or documents refuses to appear or testify before the subpoenaing body, or to answer any pertinent or proper questions, or to produce such books, papers or documents, he or she is in contempt of the subpoenaing body. (Amended by Stats. 1985, Ch. 453, Sec. 7.)
  122. 6051.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The State Bar Court or chief trial counsel may report contempt to the superior court, and the court may then issue attachment or orders requiring the person to appear, testify, or produce writings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6051. The State Bar Court or the chief trial counsel may report the fact that a person under subpoena is in contempt of the subpoenaing body to the superior court in and for the county in which the proceeding, investigation or other matter is being conducted and thereupon the court may issue an attachment in the form usual in the superior court, directed to the sheriff of the county, commanding the sheriff to attach the person and immediately bring him or her before the court. On the return of the attachment, and the production of the person attached, the superior court has jurisdiction of the matter, and the person charged may purge himself or herself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed, and the same punishment inflicted, as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a superior court. In lieu of the procedure specified above, the court may enter an order directing the person alleged to be in contempt to appear before the court at a specified time and place and then and there show cause why he or she has not attended or testified or produced the writings as required. A copy of the order shall be served upon that person. If it appears to the court that the subpoena was regularly issued and no good cause is shown for the refusal to appear or testify or produce the writings, the court shall enter an order that the person appear, testify, or produce writings, as the case may be. Upon failure to obey the order, the person shall be dealt with as for contempt of court. A proceeding pursuant to this section shall be entitled “In the Matter of (state name), Alleged Contemnor re State Bar (proceeding, investigation or matter) No. (insert number).” (Amended by Stats. 2018, Ch. 659, Sec. 41. (AB 3249) Effective January 1, 2019.)
  123. 6051.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    A motion to quash a subpoena issued under Section 6049 must be brought in the State Bar Court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6051.1. A motion to quash a subpoena issued pursuant to Section 6049 shall be brought in the State Bar Court. (Added by Stats. 1985, Ch. 453, Sec. 9.)
  124. 6052.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

    Verify source ↗

    The State Bar Court, the chief trial counsel, or their designee may administer oaths and issue subpoenas under Section 6049.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6052. The State Bar Court or the chief trial counsel, or their designee, may administer oaths and issue any subpoena pursuant to Section 6049. Depositions may be taken and used as provided in the rules of procedure adopted by the board pursuant to this chapter. (Amended by Stats. 2019, Ch. 698, Sec. 7. (SB 176) Effective January 1, 2020.)
  125. 6053.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

    Verify source ↗

    If a licensee’s mental or physical condition is material in a chapter-authorized investigation or proceeding, the board or committee may order an examination by designated physicians or psychiatrists.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6053. Whenever in an investigation or proceeding provided for or authorized by this chapter, the mental or physical condition of the licensee of the State Bar is a material issue, the board or the committee having jurisdiction may order the licensee to be examined by one or more physicians or psychiatrists designated by it. The reports of such persons shall be made available to the licensee and the State Bar and may be received in evidence in such investigation or proceeding. (Amended by Stats. 2018, Ch. 659, Sec. 42. (AB 3249) Effective January 1, 2019.)
  126. 6054.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. )

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    The State Bar and certain public bodies must cooperate on fingerprint-based background checks and criminal-history information sharing for attorney admission, reinstatement, and some license-status changes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3. Investigations, Examining Committee, Subpoenas, and Other Proceedings [6043.5 - 6054] ( Heading of Article 3 amended (as added by Stats. 1939, Ch. 34) by Stats. 2018, Ch. 659, Sec. 27. ) ## 6054. (a) State and local law enforcement and licensing bodies and departments, officers and employees thereof, and officials and attachés of the courts of this state shall cooperate with and give reasonable assistance and information, including the providing of state summary criminal history information and local summary criminal history information, to the State Bar of California or any authorized representative thereof, in connection with any investigation or proceeding within the jurisdiction of the State Bar of California, regarding the admission to the practice of law or discipline of attorneys or their reinstatement to the practice of law. (b) The State Bar of California shall require that an applicant for admission or reinstatement to the practice of law in California, or may require a licensee, to submit or resubmit fingerprints to the Department of Justice and to the Federal Bureau of Investigation in order to establish the identity of the applicant and in order to determine whether the applicant or licensee has a record of criminal conviction in this state or in other states, including through a national criminal history check. (c) (1) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the State Bar shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all persons applying for admission to the State Bar of California for all applicants for reinstatement, and for all active and inactive licensees of the State Bar who are seeking to change their license status from inactive to active or whose fingerprints have not otherwise been submitted to the Department of Justice for the purposes described in this section. The Department of Justice shall provide a state or federal level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (2) As used in this subdivision, “applicant for reinstatement” means individuals initiating reinstatement proceedings with the State Bar after resignation with or without charges pending and after disbarment. (d) The State Bar may use the information obtained from the Department of Justice and the Federal Bureau of Investigation as a result of the fingerprinting of an applicant or licensee, and the State Bar’s use of that information shall be limited to the official use of the State Bar in establishing the identity of the applicant and in determining the character and fitness of the applicant for admission or reinstatement, and in discovering prior and subsequent criminal arrests of an applicant, licensee, or applicant for reinstatement. The State Bar shall notify the Department of Justice about individuals who are no longer licensees and applicants who are denied admission to the State Bar within 30 days of any change in status of a licensee or denial of admission. All fingerprint records of applicants admitted or licensees reinstated, or provided by a licensee, shall be retained thereafter by the Department of Justice for the limited purpose of criminal arrest notification to the State Bar. (e) If required to be fingerprinted pursuant to this section, a licensee of the State Bar who fails to be fingerprinted may be enrolled as an inactive licensee pursuant to rules adopted by the board of trustees. (Amended by Stats. 2024, Ch. 227, Sec. 8. (AB 3279) Effective January 1, 2025.)
  127. 6055.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3.5. California Lawyers Association [6055 - 6056.3] ( Heading of Article 3.5 renumbered from Article 3 (as added by Stats. 2017, Ch. 422, Sec. 24) by Stats. 2018, Ch. 659, Sec. 44. )

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    This article is named the Nonprofit Association Act and may be cited by that name.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3.5. California Lawyers Association [6055 - 6056.3] ( Heading of Article 3.5 renumbered from Article 3 (as added by Stats. 2017, Ch. 422, Sec. 24) by Stats. 2018, Ch. 659, Sec. 44. ) ## 6055. This article shall be known, and may be cited, as the Nonprofit Association Act. (Added by Stats. 2017, Ch. 422, Sec. 24. (SB 36) Effective January 1, 2018.)
  128. 6056.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3.5. California Lawyers Association [6055 - 6056.3] ( Heading of Article 3.5 renumbered from Article 3 (as added by Stats. 2017, Ch. 422, Sec. 24) by Stats. 2018, Ch. 659, Sec. 44. )

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    This section directs the State Bar and the California Lawyers Association to separate certain State Bar section functions, set membership criteria for the California Young Lawyers Association, and share support for low- and no-cost MCLE.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3.5. California Lawyers Association [6055 - 6056.3] ( Heading of Article 3.5 renumbered from Article 3 (as added by Stats. 2017, Ch. 422, Sec. 24) by Stats. 2018, Ch. 659, Sec. 44. ) ## 6056. (a) The State Bar, acting pursuant to Section 6001, shall assist the Sections of the State Bar to incorporate as a private, nonprofit corporation organized under Section 501(c)(6) of the Internal Revenue Code and shall transfer the functions and activities of the 16 State Bar Sections and the California Young Lawyers Association to the new private, nonprofit corporation, to be called the California Lawyers Association. The California Lawyers Association shall be a voluntary association, shall not be a part of the State Bar, and shall not be funded in any way through mandatory fees collected by the State Bar. The California Lawyers Association shall have independent contracting authority and full control of its resources. The California Lawyers Association shall not be considered a state, local, or other public body for any purpose, including, but not limited to, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (b) The California Lawyers Association shall establish the criteria for membership in the California Young Lawyers Association. The California Lawyers Association may change the name of the California Young Lawyers Association to another name consistent with the criteria for membership and its mission. (c) The State Bar may assist the California Lawyers Association in gaining appointment to the American Bar Association (ABA) House of Delegates, consistent with the California Lawyers Association’s mission and subject to the consent of the ABA. (d) The State Bar shall support the California Lawyers Association’s efforts to partner with the Continuing Education of the Bar (CEB), subject to agreement by the University of California. (e) The State Bar of California shall ensure that State Bar staff who support the Sections, as of September 15, 2017, are reassigned to other comparable positions within the State Bar. (f) The Sections of the State Bar or the California Lawyers Association and the State Bar shall enter into a memorandum of understanding regarding the terms of separation of the Sections of the State Bar from the State Bar and mandatory duties of the California Lawyers Association, including a requirement to provide all of the following: (1) Low- and no-cost mandatory continuing legal education (MCLE). (2) Expertise and information to the State Bar, as requested. (3) Educational programs and materials to the licensees of the State Bar and the public. (g) The State Bar of California shall assist the California Lawyers Association in meeting the association’s requirement to provide low- and no-cost MCLE by the inclusion on the State Bar’s internet website of easily accessible links to the low- and no-cost MCLE provided by the California Lawyers Association. (Amended by Stats. 2022, Ch. 28, Sec. 9. (SB 1380) Effective January 1, 2023.)
  129. 6056.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3.5. California Lawyers Association [6055 - 6056.3] ( Heading of Article 3.5 renumbered from Article 3 (as added by Stats. 2017, Ch. 422, Sec. 24) by Stats. 2018, Ch. 659, Sec. 44. )

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    The State Bar must transfer certain section-related funds, contracts, intellectual property, and programs to the Association, and both entities must cooperate on the transition.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 3.5. California Lawyers Association [6055 - 6056.3] ( Heading of Article 3.5 renumbered from Article 3 (as added by Stats. 2017, Ch. 422, Sec. 24) by Stats. 2018, Ch. 659, Sec. 44. ) ## 6056.3. (a) On or before January 31, 2018, the State Bar shall transfer to the Association all membership fees and other funds paid for membership in the sections or paid in sponsorships, donations, or funds for the benefit of the sections, including, but not limited to, State Bar section financial reserves, with an accounting that specifies which funds are attributable to each individual section of the Association. The State Bar shall work with the Association to transfer all contracts previously entered into by the State Bar on behalf of the sections, as soon as practicable, consistent with any contractual obligations and legal requirements, unless an alternative arrangement is mutually acceptable to the State Bar and the Association. (b) On or before January 31, 2018, the State Bar shall provide an itemized list of any outstanding expenses, including contracts made on behalf of section activities. (c) The State Bar and the Association shall confer and work cooperatively to establish an orderly transition plan. (d) All current intellectual property of the Sections of the State Bar and the board of governors, currently in the possession of the State Bar, shall be transferred to and retained by the Association, including, but not limited to, publications, educational materials, online education, membership lists of section members, and products. (e) Programs created by the sections within the State Bar’s online education catalog shall be transferred to the Association. (f) The amount of the State Bar sections’ reserves that are to be transferred shall be determined by cooperative review and accounting between the State Bar and the Association no later than January 31, 2018. If the State Bar and Sections of the State Bar do not agree on the amount by January 31, 2018, the parties shall submit the matter to binding arbitration by a neutral arbitrator who will determine the amount. If the parties cannot agree on a neutral arbitrator, each shall select a neutral arbitrator and the two neutral arbitrators shall select a single neutral arbitrator to determine the amount. The neutral arbitrator chosen to oversee the matter may hire an auditor to assist in this task. The fees charged by the arbitrator, including any auditor fees, shall be borne equally by the State Bar and the Association. (g) The State Bar shall no longer include individual sections or voluntary organizations that are similar to Sections of the State Bar as they existed before being transferred to the Association. (Added by Stats. 2017, Ch. 422, Sec. 24. (SB 36) Effective January 1, 2018.)
  130. 6060.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    A person seeking certification for admission to the California Supreme Court must meet age, character, education, registration, study, and examination requirements, while State Bar and examining committee staff are restricted from reviewing most mental-health medical records.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060. To be certified to the Supreme Court for admission and a license to practice law, a person who has not been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency or in a foreign country shall: (a) Be at least 18 years of age. (b) (1) Be of good moral character. (2) (A) In reviewing whether an applicant is of good moral character under this subdivision, the staff of the State Bar or the members of the examining committee shall not review or consider the person’s medical records relating to mental health, except if the applicant seeks to use the record for either of the following purposes: (i) To demonstrate that the applicant is of good moral character. (ii) As a mitigating factor to explain a specific act of misconduct. (B) The staff of the State Bar and members of the examining committee shall not request or seek to review any medical records relating to mental health, including by obtaining the consent of the applicant to disclose such records, except as requested by an applicant and for a purpose specified in subparagraph (A). (c) Before beginning the study of law, have done either of the following: (1) Completed at least two years of college work, which college work shall be at least one-half of the collegiate work acceptable for a bachelor’s degree granted on the basis of a four-year period of study by a college or university approved by the examining committee. (2) Have attained in apparent intellectual ability the equivalent of at least two years of college work by taking examinations in subject matters and achieving the scores as are prescribed by the examining committee. (d) Have registered with the State Bar as a law student within 90 days after beginning the study of law. The State Bar, upon a showing of good cause, may permit a later registration. (e) Have done either of the following: (1) Had conferred upon them a juris doctor (J.D.) degree or a bachelor of laws (LL.B.) degree by a law school accredited by the examining committee or approved by the American Bar Association. (2) Studied law diligently and in good faith for at least four years in any of the following manners: (A) (i) In a law school that is authorized or approved to confer professional degrees and requires classroom attendance of its students for a minimum of 270 hours a year. (ii) A person who has received their legal education in a foreign state or country where the common law of England does not constitute the basis of jurisprudence shall demonstrate to the satisfaction of the State Bar that the person’s education, experience, and qualifications qualify them to take the examination. (B) In a law office in this state and under the personal supervision of a licensee of the State Bar of California who is, and for at least the last five years continuously has been, engaged in the active practice of law. It is the duty of the supervising attorney to render any periodic reports to the State Bar as required. (C) In the chambers and under the personal supervision of a judge of a court of record of this state. It is the duty of the supervising judge to render any periodic reports to the State Bar as required. (D) By instruction in law from a correspondence law school authorized or approved to confer professional degrees by this state, which requires 864 hours of preparation and study per year for four years. (E) By any combination of the methods referred to in this paragraph. (f) Have passed any examination in professional responsibility or legal ethics as the examining committee may prescribe. (g) Have passed the general bar examination given by the examining committee. (h) (1) Have passed a law students’ examination administered by the examining committee after completion of their first year of law study. Those who pass the examination within its first three administrations upon becoming eligible to take the examination, shall receive credit for all law studies completed to the time the examination is passed. Those who do not pass the examination within the number of administrations allowed by this subdivision, upon becoming eligible to take the examination, but who subsequently pass the examination, shall receive credit for one year of legal study only. (2) (A) This requirement does not apply to a student who has satisfactorily completed their first year of law study at a law school accredited by the examining committee and who has completed at least two years of college work prior to matriculating in the accredited law school, nor shall this requirement apply to an applicant who has passed the bar examination of a sister state or of a country in which the common law of England constitutes the basis of jurisprudence. (B) The law students’ examination shall be administered twice a year at reasonable intervals. (Amended by Stats. 2023, Ch. 697, Sec. 13. (SB 40) Effective January 1, 2024.)
  131. 6060.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    A university or law school disciplinary action cannot be the only reason to deny a person admission to practice law in California.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.1. (a) Any disciplinary action taken against an individual at a university or an accredited law school for violation of university or law school rules of conduct shall not be used as the sole basis for denying the individual admission to practice law in the State of California. (b) This section shall not apply to university or law school violations which involve moral turpitude or that result in criminal prosecution under the laws of the State of California or any other state. (Added by Stats. 1990, Ch. 1639, Sec. 2.5.)
  132. 6060.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    The State Bar must send the Legislature an annual report starting July 1, 2026, about complaints related to access issues for the biannual state bar exam.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.10. (a) Commencing July 1, 2026, and annually thereafter, the State Bar shall transmit to the Legislature a report detailing the number of complaints regarding access issues related to the biannual state bar exam detailed as follows: (1) The testing location in which the complaints occurred. (2) The nature of the access related complaints. (3) Accommodations provided to persons levying access related complaints. (4) Any additional information the State Bar determines to be relevant and necessary for the assessment of the existing programs for addressing access issues related to the biannual state bar exam. (b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2024, Ch. 227, Sec. 11. (AB 3279) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.)
  133. 6060.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    State Bar moral-character investigations and proceedings must be kept confidential, but disclosure is allowed if the applicant waives confidentiality in writing or if disclosure is made in response to a lawfully issued subpoena or a qualifying government agency request.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.2. (a) All investigations or proceedings conducted by the State Bar concerning the moral character of an applicant shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) unless the applicant, in writing, waives the confidentiality. (b) Notwithstanding subdivision (a), the records of the proceeding may be disclosed in response to either of the following: (1) A lawfully issued subpoena. (2) A written request from a government agency responsible for either the enforcement of civil or criminal laws or the professional licensing of individuals that is conducting an investigation about the applicant. (Amended by Stats. 2021, Ch. 615, Sec. 15. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  134. 6060.25.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    Most State Bar applicant admission records are confidential and cannot be disclosed, except for listed disclosures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.25. (a) Notwithstanding any other law, any identifying information submitted by an applicant to the State Bar for admission and a license to practice law and all State Bar admission records, including, but not limited to, bar examination scores, law school grade point average (GPA), undergraduate GPA, Law School Admission Test scores, race or ethnicity, and any information contained within the State Bar Admissions database or any file or other data created by the State Bar with information submitted by the applicant that may identify an individual applicant, other than information described in subdivision (b), shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (b) Subject to existing state and federal laws protecting education records, subdivision (a) does not prohibit the disclosure of any of the following: (1) The names of applicants who have passed any examination administered, given, or prescribed by the Committee of Bar Examiners. (2) Information that is provided at the request of an applicant to another jurisdiction where the applicant is seeking admission to the practice of law. (3) Information provided to a law school that is necessary for the purpose of the law school’s compliance with accreditation or regulatory requirements. Beginning with the release of results from the July 2018 bar examination, the information provided to a law school shall also include the bar examination results of the law school’s graduates allocated to the law school and the scores of any graduate allocated to the law school who did not pass the bar examination and who consents to the release of the graduate’s scores to the law school. Consent of a law school graduate to the release of the graduate’s scores may be obtained by a check-off on the graduate’s application to take the bar examination. For purposes of this paragraph, “scores” means the same scores reported to a graduate who did not successfully pass the bar examination. (4) Information provided to the National Conference of Bar Examiners or a successor nonprofit organization in connection to the State Bar’s administration of any examination. (5) This subdivision shall apply retroactively to January 1, 2016. (c) Disclosure of any of the information in paragraphs (2) to (4), inclusive, of subdivision (b) shall not constitute a waiver under Section 7921.505 of the Government Code of the exemption from disclosure provided for in subdivision (a) of this section. (d) (1) Notwithstanding any other law except existing state and federal laws protecting education records, any information received from an educational or testing entity that is collected by the State Bar for the purpose of conducting a Law School Bar Exam Performance Study as the State Bar has been directed to do by the California Supreme Court by letter dated February 28, 2017, other than aggregate, summary, or statistical data that does not identify any person and does not provide substantial risk of identification of any person, shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) Nothing in this subdivision is intended to impact any litigation pending on the effective date of the measure that added this subdivision. (Amended by Stats. 2021, Ch. 615, Sec. 16. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  135. 6060.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    Bar exam applications must be filed by set deadlines, with limited late filing acceptance and fee refunds in certain family death or serious illness cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.3. (a) An application to take the California bar examination administered in February must be filed with the State Bar not later than the first business day of the preceding November, and an application to take the California bar examination administered in July must be filed with the State Bar not later than the first business day of the preceding April. However, an applicant who was unsuccessful on the examination last administered shall be allowed 10 business days from the date of the general announcement of results of that examination in which to timely file an application to take the next scheduled examination. (b) The State Bar may accept applications to take the California bar examination filed after the timely deadlines specified in subdivision (a) from applicants if the application is accompanied by the timely application fee and the late filing fee fixed by the board as follows: (1) An application to take the California bar examination filed between the first and last business days in November for the February examination or between the first and last business days of April for the July examination shall be accepted if it is accompanied by the timely filing fee and a late fee not to exceed fifty dollars ($50). (2) An application to take the California bar examination filed between the last business day of November and January 1 for the February examination or between the last business day of April and June 1 for the July examination shall be accepted if it is accompanied by the timely filing fee and a late fee not to exceed two hundred fifty dollars ($250). (3) An application to take the California bar examination filed after January 1 for the February examination and after June 1 for the July examination shall not be accepted. (c) Application fees for the California bar examination, including fees for late filing, shall be refunded if the applicant does not take the California bar examination because of the death of an immediate family member or the serious illness or disabling injury of the applicant or a member of their immediate family. A deduction may be made from the refund for administrative costs. The board shall adopt regulations for the administration of this subdivision. This subdivision shall not be construed to prohibit the refund of fees in instances other than those specified. (Amended by Stats. 2023, Ch. 697, Sec. 14. (SB 40) Effective January 1, 2024.)
  136. 6060.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    The board, and any committee it authorizes, may not require different final bar exams based on how or where an applicant learned law, but it may set a different exam for applicants already admitted to practice before certain other highest courts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.5. Neither the board, nor any committee authorized by it, shall require that applicants for admission to practice law in California pass different final bar examinations depending upon the manner or school in which they acquire their legal education. This section shall not prohibit the board, or any committee authorized by it, from establishing a different bar examination for applicants who are admitted to practice before the highest court of another state or of any jurisdiction where the common law of England constitutes the basis of jurisprudence. (Added by Stats. 1971, Ch. 1666.)
  137. 6060.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    The Bar Examiners may accept, and the State Bar may process, certain law license applications that use a federal tax ID or other State Bar-approved ID instead of a Social Security number, if the applicant is not eligible for a Social Security number and is not in support-order noncompliance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.6. Notwithstanding Section 30 of this code and Section 17520 of the Family Code, the Committee of Bar Examiners may accept for registration, and the State Bar may process for an original or renewed license to practice law, an application from an individual containing a federal tax identification number, or other appropriate identification number as determined by the State Bar, in lieu of a social security number, if the individual is not eligible for a social security account number at the time of application and is not in noncompliance with a judgment or order for support pursuant to Section 17520 of the Family Code. (Added by Stats. 2005, Ch. 610, Sec. 1. Effective January 1, 2006.)
  138. 6060.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    The examining committee is responsible for approving, regulating, and overseeing certain degree-granting law schools in California.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.7. The examining committee shall be responsible for the approval, regulation, and oversight of degree-granting law schools that meet both of the following: (a) Award the juris doctor (J.D.) professional degree in California. (b) Are not approved by the American Bar Association. (Repealed and added by Stats. 2024, Ch. 227, Sec. 10. (AB 3279) Effective January 1, 2025.)
  139. 6060.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    A California law school cannot be required to obtain approval from an agency not created under California law as a condition of accreditation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6060.9. Approval of any agency or agencies not existing under and by virtue of the laws of this State shall not be made a condition for accreditation of any California law school. (Added by Stats. 1957, Ch. 647.)
  140. 6061.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    Unaccredited law schools must give each student a disclosure statement before charging a registration fee, and noncompliance triggers a full refund of student fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6061. Any law school that is not accredited by the examining committee of the State Bar shall provide every student with a disclosure statement, subsequent to the payment of any application fee but prior to the payment of any registration fee, containing all of the following information: (a) The school is not accredited. However, in addition, if the school has been approved by other agencies, that fact may be so stated. (b) Where the school has not been in operation for 10 years, the assets and liabilities of the school. However, if the school has had prior affiliation with another school that has been in operation more than 10 years, has been under the control of another school that has been in operation more than 10 years, or has been a successor to a school in operation more than 10 years, this subdivision is not applicable. (c) The number and percentage of students who have taken and who have passed the first-year law student’s examination and the final bar examination in the previous five years, or since the establishment of the school, whichever time is less, which shall include only those students who have been certified by the school to take the examinations. (d) The number of legal volumes in the library. This subdivision does not apply to correspondence schools. (e) The educational background, qualifications, and experience of the faculty, and whether or not the faculty members and administrators (e.g., the dean) are licensees of the California State Bar. (f) The ratio of faculty to students for the previous five years or since the establishment of the school, whichever time is less. (g) Whether or not the school has applied for accreditation, and, if so, the date of application and whether or not that application has been withdrawn, is currently pending, or has been finally denied. The school need only disclose information relating to applications made in the previous five years. (h) That the education provided by the school may not satisfy the requirements of other states for the practice of law. Applicants should inquire regarding those requirements, if any, to the state in which they may wish to practice. The disclosure statement required by this section shall be signed by each student, who shall receive as a receipt a copy of his or her signed disclosure statement. If any school does not comply with these requirements, it shall make a full refund of all fees paid by students. Subject to approval by the board, the examining committee may adopt reasonable rules and regulations as are necessary for the purpose of ensuring compliance with this section. (Amended by Stats. 2018, Ch. 659, Sec. 48. (AB 3249) Effective January 1, 2019.)
  141. 6061.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    An unaccredited law school may call itself a university or part of a university, but if it does, it must say whether it is associated with an undergraduate school.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6061.5. A law school that is not accredited by the examining committee of the State Bar may refer to itself as a university or part of a university and, if it so refers to itself, shall state whether or not the law school is associated with an undergraduate school. (Added by Stats. 2006, Ch. 534, Sec. 3. Effective January 1, 2007.)
  142. 6061.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    Non-ABA-approved law schools must publicly disclose specified admissions, tuition, faculty, outcomes, refund, and transfer-credit information, and keep it accurate and current.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6061.7. (a) Any law school that is not approved by the American Bar Association shall publicly disclose on its Internet Web site, with a link from the Internet home page under “Admissions,” all of the following information: (1) Admissions data. (2) Tuition, fees, and financial aid. (3) Conditional scholarships. (4) Enrollment data. (5) Number of full-time and part-time faculty, technically trained librarians, and administrators. (6) Average class size of each required course and the number of clinical offerings. (7) Employment outcomes for graduates. (8) Bar passage data. (b) (1) The information in subdivision (a) shall be disclosed in a standardized information report that is readily accessible to current and prospective students in a manner that is complete, accurate, and not misleading to a reasonable student or applicant. (2) The State Bar may create a standardized information report template. (3) Any law school that is not approved by the American Bar Association shall include the standardized information report as part of the annual compliance report required to be submitted to the State Bar by all law schools that are not approved by the American Bar Association and are regulated by the examining committee of the State Bar. (4) A law school may use the information report template to comply with the information disclosure required under subdivision (a). (c) Any law school that is not approved by the American Bar Association shall publicly disclose on its Internet Web site, in a readable and comprehensive manner, all of the following information on a current basis: (1) Refund policy. (2) Curricular offerings, academic calendar, and academic requirements. (3) Policy regarding the transfer of credit earned at another institution of higher education. (d) The law school’s transfer of credit policy shall include, at a minimum, both of the following: (1) A statement of the criteria established by the law school regarding the acceptance of credit earned for coursework completed at another institution. (2) A list of institutions, if any, with which the law school has established an articulation agreement and the terms of any such agreement. If the law school has not entered into a transfer or articulation agreement with any other college or university, the institution shall disclose that fact. (e) All information that a law school reports, publicizes, or distributes pursuant to this section shall be complete, accurate, and not misleading to a reasonable law school student or applicant. A law school shall use due diligence in obtaining and verifying such information. (f) A law school that is not approved by the American Bar Association shall distribute the data required under paragraph (3) of subdivision (a) to all applicants being offered conditional scholarships at the time the scholarship offer is made. (g) For the purposes of this section, the following definitions apply: (1) “Admissions data” means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. (2) “Bar passage data” means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. (3) “Conditional scholarship” means any financial aid award, the retention of which is dependent upon the student maintaining a minimum grade point average or class standing other than that ordinarily required to remain in good academic standing. (4) “Curricular offering” means only those courses offered in the current and past two academic years. (5) “Employment outcomes for graduates” means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a Juris Doctor degree is required by the employer and the rate of employment of graduates in jobs where a Juris Doctor degree is an advantage in employment. (6) “Enrollment data” means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. (7) “Transfer or articulation agreement” means an agreement between the law school and any other college or university that provides for the transfer of credits earned in the program of instruction. (Added by Stats. 2016, Ch. 87, Sec. 1. (SB 1281) Effective January 1, 2017.)
  143. 6062.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    Applicants for admission to the California bar based on out-of-state or other nonlisted law licenses must meet age, character, and exam requirements, with a possible Attorneys’ Examination option for some experienced active licensees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6062. (a) To be certified to the Supreme Court for admission, and a license to practice law, a person who has been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency the United States may hereafter acquire shall: (1) Be of the age of at least 18 years. (2) Be of good moral character. (3) Have passed the general bar examination given by the examining committee. However, if that person has been an active licensee in good standing of the bar of the admitting sister state or United States jurisdiction, possession, or territory for at least four years immediately preceding the first day of the examination applied for, he or she may elect to take the Attorneys’ Examination rather than the general bar examination. Attorneys admitted less than four years and attorneys admitted four years or more in another jurisdiction but who have not been active licensees in good standing of their admitting jurisdiction for at least four years immediately preceding the first day of the examination applied for must take the general bar examination administered to general applicants not admitted as attorneys in other jurisdictions. (4) Have passed an examination in professional responsibility or legal ethics as the examining committee may prescribe. (b) To be certified to the Supreme Court for admission, and a license to practice law, a person who has been admitted to practice law in a jurisdiction other than in a sister state, United States jurisdiction, possession, or territory shall: (1) Be of the age of at least 18 years. (2) Be of good moral character. (3) Have passed the general bar examination given by the examining committee. (4) Have passed an examination in professional responsibility or legal ethics as the examining committee may prescribe. (c) The amendments to this section made at the 1997–98 Regular Session of the Legislature shall be applicable on and after January 1, 1997, and do not constitute a change in, but are declaratory of, existing law. (Amended by Stats. 2018, Ch. 659, Sec. 49. (AB 3249) Effective January 1, 2019.)
  144. 6063.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    Applicants for admission to practice must pay reasonable fees set by the board, and the State Bar must collect those fees and deposit them into the State Bar treasury.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6063. Applicants for admission to practice shall pay such reasonable fees, fixed by the board, as may be necessary to defray the expense of administering the provisions of this chapter, relating to admission to practice. These fees shall be collected by the State Bar and paid into the treasury of the State Bar. (Amended by Stats. 2023, Ch. 697, Sec. 15. (SB 40) Effective January 1, 2024.)
  145. 6064.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    The Supreme Court may admit an applicant as an attorney at law if the examining committee certifies the applicant has met the admission requirements; the clerk must then give the applicant a certificate of admission.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6064. (a) Upon certification by the examining committee that the applicant has fulfilled the requirements for admission to practice law, the Supreme Court may admit the applicant as an attorney at law in all the courts of this state and may direct an order to be entered upon its records to that effect. A certificate of admission thereupon shall be given to the applicant by the clerk of the court. (b) Upon certification by the examining committee that an applicant who is not lawfully present in the United States has fulfilled the requirements for admission to practice law, the Supreme Court may admit that applicant as an attorney at law in all the courts of this state and may direct an order to be entered upon its records to that effect. A certificate of admission thereupon shall be given to the applicant by the clerk of the court. (Amended by Stats. 2013, Ch. 573, Sec. 1. (AB 1024) Effective January 1, 2014.)
  146. 6064.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    A person who advocates overthrowing the U.S. or state government by force, violence, or other unconstitutional means cannot be certified to the Supreme Court for admission to practice law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6064.1. No person who advocates the overthrow of the Government of the United States or of this State by force, violence, or other unconstitutional means, shall be certified to the Supreme Court for admission and a license to practice law. (Added by Stats. 1951, Ch. 179.)
  147. 6065.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    Applicants who did not pass the California bar exam are entitled to 30 days of electronic access to their written exam answers, including the ability to download, save, and print them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6065. Any applicant for admission to practice who did not pass the California bar examination, for 30 days following the release of examination results, shall have electronic access to their answers to the written sessions of the bar examination, which shall include the ability to download, save, and print. (Amended by Stats. 2023, Ch. 697, Sec. 16. (SB 40) Effective January 1, 2024.)
  148. 6066.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    A person refused certification for admission to practice may seek review of the board’s or authorized committee’s action by the Supreme Court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6066. Any person refused certification to the Supreme Court for admission to practice may have the action of the board, or of any committee authorized by the board to make a determination on its behalf, pursuant to the provisions of this chapter, reviewed by the Supreme Court, in accordance with the procedure prescribed by the court. (Added by Stats. 1939, Ch. 34.)
  149. 6067.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    A person admitted to practice law must take an oath to support the U.S. and California Constitutions and to faithfully perform attorney duties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6067. Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability. A certificate of the oath shall be indorsed upon his license. (Added by Stats. 1939, Ch. 34.)
  150. 6068.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    Attorneys have many duties here, including supporting the law, treating courts respectfully, protecting client secrets, cooperating with disciplinary proceedings, and reporting certain serious events to the State Bar within 30 days after learning of them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6068. It is the duty of an attorney to do all of the following: (a) To support the Constitution and laws of the United States and of this state. (b) To maintain the respect due to the courts of justice and judicial officers. (c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense. (d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. (e) (1) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client. (2) Notwithstanding paragraph (1), an attorney may, but is not required to, reveal confidential information relating to the representation of a client to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of, or substantial bodily harm to, an individual. (f) To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged. (g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest. (h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed. (i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or herself. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subdivision shall not be construed to require an attorney to cooperate with a request that requires him or her to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the attorney’s practice. Any exercise by an attorney of any constitutional or statutory privilege shall not be used against the attorney in a regulatory or disciplinary proceeding against him or her. (j) To comply with the requirements of Section 6002.1. (k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney. (l) To keep all agreements made in lieu of disciplinary prosecution with the State Bar. (m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services. (n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt. (o) To report to the State Bar, in writing, within 30 days of the time the attorney has knowledge of any of the following: (1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity. (2) The entry of judgment against the attorney in a civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity. (3) The imposition of judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000). (4) The bringing of an indictment or information charging a felony against the attorney. (5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type. (6) The imposition of discipline against the attorney by a professional or occupational disciplinary agency or licensing board, whether in California or elsewhere. (7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney. (8) As used in this subdivision, “against the attorney” includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney’s knowledge already been reported by the law firm or corporation. (9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation. (10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline. (Amended by Stats. 2018, Ch. 659, Sec. 50. (AB 3249) Effective January 1, 2019.)
  151. 6069.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. )

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    State Bar licensees are treated as having authorized disclosure of certain financial records, but the State Bar may not receive those records without a subpoena, and customers must get notice and a chance to seek to quash subpoenas for other records.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4. Admission to the Practice of Law [6060 - 6069] ( Article 4 added by Stats. 1939, Ch. 34. ) ## 6069. (a) Every licensee of the State Bar shall be deemed by operation of this law to have irrevocably authorized the disclosure to the State Bar and the Supreme Court pursuant to Section 7473 of the Government Code of any and all financial records held by financial institutions as defined in subdivisions (a) and (b) of Section 7465 of the Government Code pertaining to accounts which the licensee must maintain in accordance with the Rules of Professional Conduct; provided that no such financial records shall be disclosed to the State Bar without a subpoena therefor having been issued pursuant to Section 6049 of this code, and further provided that the board of trustees shall by rule provide notice to the licensee similar to that notice provided for in subdivision (d) of Section 7473 of the Government Code. Such notice may be sent by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar. The State Bar shall, by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar, notify its licensees annually of the provisions of this subdivision. (b) With regard to the examination of all financial records other than those mentioned in subdivision (a), held by financial institutions as defined in subdivisions (a) and (b) of Section 7465 of the Government Code, no such financial records shall be disclosed to the State Bar without a subpoena therefor having been issued pursuant to Section 6049 of this code and the board of trustees shall by rule provide for service of a copy of the subpoena on the customer as defined in subdivision (d) of Section 7465 of the Government Code and an opportunity for the customer to move the board or committee having jurisdiction to quash the subpoena prior to examination of the financial records. Review of the actions of the board or any committee on such motions shall be had only by the Supreme Court in accordance with the procedure prescribed by the court. Service of a copy of any subpoena issued pursuant to this subdivision (b) may be made on a licensee of the State Bar by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar. If the customer is other than a licensee, service shall be made pursuant to Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, except that service may be made by an employee of the State Bar. (c) For purposes of this section, “licensee of the State Bar” or “licensee” means every licensee of the State Bar, law firm in California of which a licensee of the State Bar is a licensee, and law corporation within the meaning of Article 10 of Chapter 4 of Division 3 of this code. (Amended by Stats. 2018, Ch. 659, Sec. 51. (AB 3249) Effective January 1, 2019.)
  152. 6070.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.5. Mandatory Continuing Legal Education [6070 - 6071] ( Article 4.5 added by Stats. 1989, Ch. 1425, Sec. 2. )

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    The State Bar must seek authority for an MCLE program, and active licensees must complete 25 approved education hours every 36 months, including 4 hours in legal ethics, unless exempt.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.5. Mandatory Continuing Legal Education [6070 - 6071] ( Article 4.5 added by Stats. 1989, Ch. 1425, Sec. 2. ) ## 6070. (a) The State Bar shall request the California Supreme Court to adopt a rule of court authorizing the State Bar to establish and administer a mandatory continuing legal education program. The rule that the State Bar requests the Supreme Court to adopt shall require that, within designated 36-month periods, all active licensees of the State Bar shall complete at least 25 hours of legal education activities approved by the State Bar or offered by a State Bar-approved provider, with four of those hours in legal ethics. The legal education activities shall focus on California law and practice and federal law as relevant to its practice in California or tribal law. A licensee of the State Bar who fails to satisfy the mandatory continuing legal education requirements of the program authorized by the Supreme Court rule shall be enrolled as an inactive licensee pursuant to rules adopted by the Board of Trustees of the State Bar. (b) For purposes of this section, statewide associations of public agencies and incorporated, nonprofit professional associations of attorneys, including the California Lawyers Association, shall be certified as State Bar approved providers upon completion of an appropriate application process to be established by the State Bar. The certification may be revoked only by majority vote of the board, after notice and hearing, and for good cause shown. Programs provided by the California District Attorneys Association or the California Public Defenders Association, or both, including, but not limited to, programs provided pursuant to Title 1.5 (commencing with Section 11500) of Part 4 of the Penal Code, are deemed to be legal education activities approved by the State Bar or offered by a State Bar-approved provider. (c) Notwithstanding the provisions of subdivision (a), officers and elected officials of the State of California, and full-time professors at law schools accredited by the State Bar of California, the American Bar Association, or both, shall be exempt from the provisions of this section. Full-time employees of the State of California, acting within the scope of their employment, shall be exempt from the provisions of this section. Nothing in this section shall prohibit the State of California, or any political subdivision thereof, from establishing or maintaining its own continuing education requirements for its employees. (d) The California Lawyers Association shall provide and encourage the development of low-cost programs and materials by which licensees of the State Bar may satisfy their continuing education requirements. Special emphasis shall be placed upon the use of internet capabilities and computer technology in the development and provision of no-cost and low-cost programs and materials. Towards this purpose, as a condition of the State Bar’s collection of membership fees on behalf of the California Lawyers Association pursuant to subdivision (b) of Section 6031.5, the California Lawyers Association shall ensure that any licensee possessing or having access to the Internet or specified generally available computer technology shall be capable of satisfying the full self-study portion of his or her MCLE requirement at a cost of twenty dollars ($20) per hour or less. (Amended by Stats. 2018, Ch. 659, Sec. 52. (AB 3249) Effective January 1, 2019.)
  153. 6070.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.5. Mandatory Continuing Legal Education [6070 - 6071] ( Article 4.5 added by Stats. 1989, Ch. 1425, Sec. 2. )

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    For Section 6070, State Bar licensees employed by the California State Legislature count as “full-time employees of the State of California” for subdivision (c), regardless of official position classification.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.5. Mandatory Continuing Legal Education [6070 - 6071] ( Article 4.5 added by Stats. 1989, Ch. 1425, Sec. 2. ) ## 6070.1. (a) For the purpose of subdivision (c) of Section 6070, “full-time employees of the State of California” shall include all licensees of the State Bar employed by the California State Legislature, regardless of the licensee’s official position classification. (b) This section is declaratory of existing law. (Added by Stats. 2024, Ch. 227, Sec. 12. (AB 3279) Effective January 1, 2025.)
  154. 6070.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.5. Mandatory Continuing Legal Education [6070 - 6071] ( Article 4.5 added by Stats. 1989, Ch. 1425, Sec. 2. )

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    The State Bar must require MCLE training on implicit bias and bias-reducing strategies, and licensees and MCLE providers must comply with related training and approval requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.5. Mandatory Continuing Legal Education [6070 - 6071] ( Article 4.5 added by Stats. 1989, Ch. 1425, Sec. 2. ) ## 6070.5. (a) The State Bar shall adopt regulations to require, as of January 1, 2022, that the mandatory continuing legal education (MCLE) curriculum for all licensees under this chapter includes training on implicit bias and the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. A licensee shall meet the requirements of this section for each MCLE compliance period ending after January 31, 2022. (b) When approving MCLE providers to offer the training required by subdivision (a), the State Bar shall require that the MCLE provider meets, at a minimum, all of the following requirements: (1) The MCLE provider shall make reasonable efforts to recruit and hire trainers who are representative of the diversity of persons that California’s legal system serves. (2) The trainers shall have either academic training in implicit bias or experience educating legal professionals about implicit bias and its effects on people accessing and interacting with the legal system. (3) The training shall include a component regarding the impact of implicit bias, explicit bias, and systemic bias on the legal system and the effect this can have on people accessing and interacting with the legal system. (4) The training shall include actionable steps licensees can take to recognize and address their own implicit biases. (c) As part of the certification, approval, or renewal process for MCLE-approved provider status, or more frequently if required by the State Bar, the MCLE provider shall attest to its compliance with the requirements of subdivision (b) and shall confirm that it will continue to comply with those requirements for the duration of the provider’s approval period. (Amended by Stats. 2020, Ch. 36, Sec. 1. (AB 3364) Effective January 1, 2021.)
  155. 6071.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.5. Mandatory Continuing Legal Education [6070 - 6071] ( Article 4.5 added by Stats. 1989, Ch. 1425, Sec. 2. )

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    The State Bar must ask the California Supreme Court to let one hour of the required legal ethics/law practice management education be met with one hour on civil and criminal remedies for civil rights violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.5. Mandatory Continuing Legal Education [6070 - 6071] ( Article 4.5 added by Stats. 1989, Ch. 1425, Sec. 2. ) ## 6071. (a) The State Bar shall request the California Supreme Court to amend Rule 9.31 of the California Rules of Court, relating to the mandatory continuing education program, to provide that one hour of the mandatory eight hours of legal education activities in legal ethics or law practice management, instead, may be satisfied by one hour of legal education activity in the civil and criminal remedies available for civil rights violations. (b) This section shall not affect the requirement that all active licensees of the State Bar complete at least four hours of legal education activity in ethics within designated 36-month periods. (Amended by Stats. 2018, Ch. 659, Sec. 53. (AB 3249) Effective January 1, 2019.)
  156. 6072.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.7. Contracts For Legal Services [6072- 6072.] ( Article 4.7 added by Stats. 2001, Ch. 880, Sec. 3. )

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    State legal-services contracts over $50,000 must include a law-firm certification and a good-faith pro bono commitment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.7. Contracts For Legal Services [6072- 6072.] ( Article 4.7 added by Stats. 2001, Ch. 880, Sec. 3. ) ## 6072. (a) A contract with the state for legal services that exceeds fifty thousand dollars ($50,000) shall 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, as defined in Section 6213, during each year of the contract equal to the lesser of either (1) 30 multiplied by the number of full-time attorneys in the firm’s offices in the state, with the number of hours prorated on an actual day basis for any contract period of less than a full year or (2) 10 percent of its contract with the state. “Ten percent of the contract” shall mean the number of hours equal to 10 percent of the contract amount divided by the average billing rate of the firm. (b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort: (1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract. (2) The firm’s efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups. (3) The firm’s history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee. (4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought. (5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification. (c) In awarding a contract with the state for legal services that exceeds fifty thousand dollars ($50,000), the awarding department shall consider the efforts of a potential contracting law firm to provide, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). Other things being equal, the awarding department shall award a contract for legal services to firms that have provided, during the 12-month period prior to award of the contract, the minimum number of hours of pro bono legal services described in subdivision (a). (d) As used in this section, “pro bono legal services” means the provision of legal services either: (1) Without fee or expectation of fee to either: (A) Persons who are indigent or of limited means. (B) Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means. (2) At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights. (e) Nothing in this section shall subject a contracting law firm that fails to provide the minimum number of hours of pro bono legal services described in subdivision (a) to civil or criminal liability, nor shall that failure be grounds for invalidating an existing contract for legal services. (f) This article shall not apply to state contracts with, or appointments made by the judiciary of, an attorney, law firm, or organization for the purposes of providing legal representation to low- or middle-income persons, in either civil, criminal, or administrative matters. (g) This article shall not apply to contracts entered into between the state and an attorney or law firm if the legal services contracted for are to be performed outside the State of California. (h) The provisions of this article shall become operative on January 1, 2003. (Amended by Stats. 2012, Ch. 758, Sec. 1. (AB 2684) Effective January 1, 2013.)
  157. 6073.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.8. Pro Bono Services [6073 - 6074] ( Article 4.8 added by Stats. 2007, Ch. 474, Sec. 3. )

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    California lawyers are expected to contribute to pro bono service, and when direct service is not feasible they may help by funding organizations that provide free legal services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.8. Pro Bono Services [6073 - 6074] ( Article 4.8 added by Stats. 2007, Ch. 474, Sec. 3. ) ## 6073. 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. Every lawyer authorized and privileged to practice law in California is expected to make a contribution. In some circumstances, it may not be feasible for a lawyer to directly provide pro bono services. 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 deciding to provide that financial support, the lawyer should, at minimum, approximate the value of the hours of pro bono legal service that he or she would otherwise have provided. In some circumstances, pro bono contributions may be measured collectively, as by a firm’s aggregate pro bono activities or financial contributions. Lawyers also make invaluable contributions through their other voluntary public service activities that increase access to justice or improve the law and the legal system. In view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests, and to support those legal organizations that advance these goals. (Amended by Stats. 2008, Ch. 179, Sec. 14. Effective January 1, 2009.)
  158. 6073.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.8. Pro Bono Services [6073 - 6074] ( Article 4.8 added by Stats. 2007, Ch. 474, Sec. 3. )

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    This section defines key terms used for pro bono and reduced-fee legal services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.8. Pro Bono Services [6073 - 6074] ( Article 4.8 added by Stats. 2007, Ch. 474, Sec. 3. ) ## 6073.1. For purposes of this article, the following definitions apply: (a) “Legal aid organization” has the meaning provided in Section 6159.51. (b) “Person of limited means” means an individual qualified as “low-income,” “very low income,” or “extremely low income” under the current Department of Housing and Community Development’s Official State Income Limits as set forth on the State of California’s internet website. (c) (1) “Pro bono legal services” means providing or enabling the direct delivery of legal services without expectation of compensation from the client other than reimbursement of expenses to any of the following: (A) An indigent person, as defined in subdivision (d) of Section 6213. (B) A charitable, religious, civic, community, governmental, or educational organization in matters that are designed primarily to address the needs of persons of limited means. (C) A charitable, religious, civic, community, governmental, or educational organization in matters in furtherance of its organizational purposes. (2) “Pro bono legal services” does not include legal services written off as bad debts. (d) “Reduced fee legal services” means providing or enabling direct delivery of legal services at a substantially reduced rate affordable to persons of limited means to either: (1) A person of limited means. (2) A person or organization identified in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (c). (Added by Stats. 2024, Ch. 719, Sec. 1. (AB 2505) Effective January 1, 2025.)
  159. 6073.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.8. Pro Bono Services [6073 - 6074] ( Article 4.8 added by Stats. 2007, Ch. 474, Sec. 3. )

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    Active California Bar licensees must report annual pro bono and reduced-fee legal service hours; the State Bar may let some licensees indicate they do not track or do not want to answer, and some licensees are exempt.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.8. Pro Bono Services [6073 - 6074] ( Article 4.8 added by Stats. 2007, Ch. 474, Sec. 3. ) ## 6073.2. (a) Pursuant to Section 6073, every lawyer should aspire to fulfill their individual commitment to provide pro bono legal services each year and contribute financially to California legal aid organizations. (b) An active licensee shall report whether they have provided pro bono legal services through the licensee’s My State Bar online profile on the State Bar’s internet website through a provided section where those hours shall be declared when payment of annual fees is due. Every licensee shall report both of the following: (1) Amount of pro bono legal services hours performed during the calendar year preceding the year in which the annual fee is due. (2) Hours of reduced fee legal services performed for a low-income individual, nonprofit organization, or public law library established under Section 6360 during the calendar year preceding the date the annual report is due. (c) The State Bar may include, as part of the reporting requirement under subdivision (b), options for active licensees who do not track their pro bono hours or reduced fee legal services hours or who decline to answer, to indicate that status when prompted to report. (d) The reporting requirement in subdivision (b) does not apply if a licensee is any of the following: (1) Is employed by an organization primarily engaged in the provision of pro bono legal services, including qualified legal services projects and qualified support centers, as defined in Section 6213, legal aid organizations, and nonprofit public benefit corporations, as authorized by Section 13406 of the Corporations Code. (2) A full-time employee or an officer or elected official of the State of California, or political subdivision thereof, or the federal government. (3) Is prohibited by their current employer from performing pro bono legal services if the licensee declares this prohibition on their My State Bar online profile on the State Bar’s internet website through a provided section when payment of annual fees is due. (e) The State Bar shall retain and maintain the information reported pursuant to subdivision (b) for purposes of historical record for at least five years. (f) (1) The information reported pursuant to subdivision (b) shall be confidential and shall not be disclosed as a public record pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) Notwithstanding paragraph (1), the State Bar may publish aggregated and anonymized reports based on the information received pursuant to subdivision (b). (g) Failure of a licensee of the State Bar to comply with any of the provisions of this section is not grounds for disciplinary or administrative recourse. (h) The State Bar shall not use any moneys received from the annual license fees collected pursuant to Section 6140 or 6141 for any costs associated with this section. (Added by Stats. 2024, Ch. 719, Sec. 2. (AB 2505) Effective January 1, 2025.)
  160. 6074.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.8. Pro Bono Services [6073 - 6074] ( Article 4.8 added by Stats. 2007, Ch. 474, Sec. 3. )

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    The State Bar must work with legal and veterans organizations to improve access to civil legal services for veterans, service members, and their families, and it must provide related resources and educational materials.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 4.8. Pro Bono Services [6073 - 6074] ( Article 4.8 added by Stats. 2007, Ch. 474, Sec. 3. ) ## 6074. (a) The Legislature finds that securing civil legal assistance is difficult for veterans, service members, and their families who cannot afford legal services, for reasons unique to their military or veteran status. The Legislature further finds that the State Bar is uniquely suited to bring together organizations to help coordinate the delivery of civil legal services for veterans and service members and their families. (b) The State Bar shall engage with local bar associations, legal aid organizations, veterans service providers, military service providers, and volunteer attorneys and encourage those groups to provide legal services to veterans and service members and their families who otherwise cannot afford legal services and collaborate, as appropriate, to improve access to and delivery of these services throughout the state. (c) The State Bar shall provide resources and educational materials to attorneys and the public in order to support the purposes of this section by, among other things, doing the following: (1) Compiling a list of local bar associations, legal aid organizations, veterans service providers, military service providers, and volunteer attorneys willing to provide pro bono legal services to veterans and service members, organized by city and county, and posting the list on its internet website. (2) Conducting a statewide survey of programs that provide civil legal assistance to veterans in order to identify whether and where there is a need for legal advice clinics, publishing a report and recommendations based upon its findings no later than December 31, 2018, and posting the report on its internet website. (Amended by Stats. 2019, Ch. 303, Sec. 1. (AB 558) Effective January 1, 2020.)
  161. 6075.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    This section says Article 5 provides an alternative and cumulative way to hear and decide accusations against State Bar licensees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6075. In their relation to the provisions of Article 6, concerning the disciplinary authority of the courts, the provisions of this article provide a complete alternative and cumulative method of hearing and determining accusations against licensees of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 54. (AB 3249) Effective January 1, 2019.)
  162. 6076.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    With Supreme Court approval, the Board of Trustees may make and enforce professional conduct rules for all State Bar licensees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6076. With the approval of the Supreme Court, the Board of Trustees may formulate and enforce rules of professional conduct for all licensees of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 55. (AB 3249) Effective January 1, 2019.)
  163. 6077.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    Approved rules of professional conduct bind all State Bar licensees, and a willful breach can lead to discipline by the State Bar Court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6077. The rules of professional conduct adopted by the board, when approved by the Supreme Court, are binding upon all licensees of the State Bar. For a willful breach of any of these rules, the State Bar Court has power to discipline attorneys by reproval, public or private, or to recommend to the Supreme Court the suspension from practice for a period not exceeding three years of licensees of the State Bar. (Amended by Stats. 2019, Ch. 698, Sec. 9. (SB 176) Effective January 1, 2020.)
  164. 6077.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    Attorneys and certain employees collecting consumer debts must follow debt-collection rules, identify themselves in certain communications, avoid inconvenient contact times or places without consent, stop collection after a written dispute notice until required information is mailed, and avoid certain nonjudicial property actions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6077.5. An attorney and his or her employees who are employed primarily to assist in the collection of a consumer debt owed to another, as defined by Section 1788.2 of the Civil Code, shall comply with all of the following: (a) The obligations imposed on debt collectors pursuant to Article 2 (commencing with Section 1788.10) of Title 1.6C of Part 4 of Division 3 of the Civil Code. (b) Any employee of an attorney who is not a licensee of the State Bar of California, when communicating with a consumer debtor or with any person other than the debtor concerning a consumer debt, shall identify himself or herself, by whom he or she is employed, and his or her title or job capacity. (c) Without the prior consent of the debtor given directly to the attorney or his or her employee or the express permission of a court of competent jurisdiction, an attorney or his or her employee shall not communicate with a debtor in connection with the collection of any debt at any unusual time or place, or time or place known, or which should be known, to be inconvenient to the debtor. In the absence of knowledge of circumstances to the contrary, an attorney or his or her employee shall assume that the convenient time for communicating with the debtor is after 8 a.m. and before 9 p.m., local time at the consumer’s location. (d) If a debtor notifies an attorney or his or her employee in writing that the debtor refuses to pay a debt or that the debtor wishes the attorney or his or her employee to cease further communications with the debtor, the attorney or his or her employee shall not communicate further with the debtor with respect to such debt, except as follows: (1) To advise the debtor that the attorney or his or her employee’s further efforts are being terminated. (2) To notify the debtor that the attorney or his or her employee or creditor may invoke specific remedies which are ordinarily invoked by such attorney or creditor. (3) Where applicable, to notify the debtor that the attorney or creditor intends to invoke his or her specific remedy. (4) Where a suit has been filed or is about to be filed and the debtor is not represented by counsel or has appeared in the action on the debt in propria persona. For the purpose of this section, “debtor” includes the debtor’s spouse, parent, or guardian, if the debtor is a minor, executor, or administrator. (e) An attorney or his or her employee shall not take or threaten to take any nonjudicial action to effect disposition or disablement of property if (1) there is no present right to possession of the property claimed as collateral through an enforceable security interest; (2) there is no present intention to take possession of the property; or (3) the property is exempt by law from that disposition or disablement. (f) An attorney or his or her employee shall not cause charges to be made to any person for communications, by concealment of the true purposes of the communication. The charges include, but are not limited to, collect telephone calls and telegram fees. (g) Within five days after the initial communication with a debtor in connection with the collection of any unsecured debt, an attorney or his or her employee shall, unless the following information is contained in the initial communication or the debtor has paid the debt, send the debtor a written notice containing the following: (1) The amount of the debt. (2) The name of the creditor to whom the debt is owed. (3) A statement that unless the debtor, within 30 days receipt of the notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the attorney or his or her employee. (4) A statement that if the debtor notifies the debt collector in writing within the 30-day period that the debt, or any portion thereof, is disputed, the attorney or his or her employee will obtain a writing, if any exists, evidencing the debt or a copy of the judgment against the debtor and a copy of such writing or judgment will be mailed to the debtor by the attorney or his or her employee. (5) A statement that, upon the debtor’s written request within the 30-day period, the attorney or his or her employee will provide the debtor the name and address of the original creditor, if different from the current creditor. If the debtor notifies the attorney or his or her employee in writing within the 30-day period described in this section that the debt or any portion thereof is disputed, or that the debtor requests the name and address of the original creditor, the attorney and his or her employee shall cease collection of the debt or any disputed portion thereof, except for filing suit thereon, until the attorney obtains a writing, if any exists, evidencing the debt or a copy of a judgment or the name and address of the original creditor, and a copy of such writing or judgment or the name and address of the original creditor is mailed to the debtor by the attorney or his or her employee. (h) If any debtor owes multiple debts and makes any single payment to any attorney or his or her employee with respect to the debts, the attorney may not apply such payment to any debt which is disputed by the debtor and, where applicable, shall apply such payment in accordance with the debtor’s directions. (i) A willful breach of this section constitutes cause for the imposition of discipline of the attorney in accordance with Section 6077. (Amended by Stats. 2018, Ch. 659, Sec. 58. (AB 3249) Effective January 1, 2019.)
  165. 6078.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The State Bar Court may recommend disbarment, suspension, or other discipline after a hearing, and it may also decide petitions for reinstatement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6078. After a hearing for any of the causes set forth in the laws of the State of California warranting disbarment, suspension, or other discipline, the State Bar Court has the power to recommend to the Supreme Court the disbarment or suspension from practice of licensees or to discipline them by reproval, public or private, without such recommendation. The State Bar Court may pass upon all petitions for reinstatement. (Amended by Stats. 2018, Ch. 659, Sec. 59. (AB 3249) Effective January 1, 2019.)
  166. 6079.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    This section sets how State Bar Court judges are appointed, qualified, paid, and supervised, and limits them from private practice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 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 licensee 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 any 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 9.11 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) (1) 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 salary of a superior court judge. The presiding judge shall be paid the same salary as a justice of the court of appeal. (2) Any compensation increase for State Bar Court judges on or after January 1, 2025, that is attributable to increases in the salary of a superior court judge or a justice of the court of appeal shall only be funded by license fees up to the amount of the increase that would have occurred in the absence of the changes to this subdivision made by the act adding this subdivision. (e) From among the licensees 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) or to monitor the probation of a licensee 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. (Amended by Stats. 2024, Ch. 227, Sec. 13. (AB 3279) Effective January 1, 2025.)
  167. 6079.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    An attorney’s exercise of the Fifth Amendment or another constitutional or statutory privilege cannot be treated as a failure to cooperate.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6079.4. The exercise by an attorney of his or her privilege under the Fifth Amendment to the Constitution of the United Sates, or of any other constitutional or statutory privileges shall not be deemed a failure to cooperate within the meaning of subdivision (i) of Section 6068. (Added by Stats. 1990, Ch. 1639, Sec. 6.)
  168. 6079.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The board must appoint a California lawyer as chief trial counsel, and that person must meet specified qualifications and cannot do private practice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6079.5. (a) The board shall appoint a lawyer admitted to practice in California to serve as chief trial counsel. He or she shall be appointed for a term of four years and may be reappointed for additional four-year periods. He or she shall serve at the pleasure of the board. He or she shall not engage in private practice. The State Bar shall notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of a chief trial counsel. The appointment of the chief trial counsel is subject to confirmation by the Senate, and the time limits prescribed in Section 1774 of the Government Code for Senate confirmation and for service in office are applicable to the appointment. He or she shall report to and serve under the Regulation, Admissions, and Discipline Oversight Committee of the Board of Trustees of the State Bar or its successor committee on attorney discipline, and shall not serve under the direction of the chief executive officer. (b) The chief trial counsel shall have the following qualifications: (1) Be an attorney licensed to practice in the State of California, be in good standing and shall not have committed any disciplinary offenses in California or any other jurisdiction. (2) Have a minimum of five years of experience in the practice of law, including trial experience, with law practice in broad areas of the law. (3) Have a minimum of two years of prosecutorial experience or similar experience in administrative agency proceedings or disciplinary agencies. (4) Have a minimum of two years of experience in an administrative role, overseeing staff functions. The board may except an appointee from any of the above qualifications for good cause upon a determination of necessity to obtain the most qualified person. On or after July 1, 1987, the chief trial counsel may, as prescribed by the Supreme Court, petition the court for a different disposition of a matter than the recommendations of the review department or the board to the court. (Amended by Stats. 2011, Ch. 417, Sec. 39. (SB 163) Effective January 1, 2012.)
  169. 6080.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The State Bar Court must keep records of its disciplinary proceedings and, in disbarment or suspension recommendations, keep a transcript and make findings of fact. If no discipline is imposed, the records may be destroyed after five years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6080. The State Bar Court shall keep a record of all State Bar Court disciplinary proceedings. In all disciplinary proceedings resulting in a recommendation to the Supreme Court for disbarment or suspension, the State Bar Court shall keep a transcript of the evidence and proceedings therein and shall make findings of fact thereon. The State Bar Court shall render a decision to be recorded in its minutes. In disciplinary proceedings in which no discipline has been imposed, the records thereof may be destroyed after five years. (Amended by Stats. 2018, Ch. 659, Sec. 61. (AB 3249) Effective January 1, 2019.)
  170. 6081.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The State Bar Court must promptly send the Supreme Court clerk a certified copy, transcript, and findings when it recommends disbarment or suspension, and must promptly give written notice to the licensee and the court clerk when a licensee is enrolled as inactive or that enrollment is ended or not ended.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6081. Upon the making of any decision recommending the disbarment or suspension from practice of any licensee of the State Bar, the State Bar Court shall immediately file a certified copy of the decision, together with the transcript and the findings, with the Clerk/Executive Officer of the Supreme Court. Upon enrolling a licensee as an inactive licensee pursuant to Section 6007 of this code, or upon terminating or refusing to terminate such enrollment pursuant to such section the State Bar Court shall immediately give appropriate written notice to the licensee and to the Clerk/Executive Officer of the Supreme Court. (Amended by Stats. 2018, Ch. 659, Sec. 62. (AB 3249) Effective January 1, 2019.)
  171. 6081.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The State Bar Court is not required to transcribe oral testimony, unless the Supreme Court orders it or a party requests it at that party’s expense.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6081.1. Nothing in Sections 6080 and 6081 shall require the State Bar Court to transcribe oral testimony unless ordered by the Supreme Court or requested by a party at the party’s expense. (Added by Stats. 1988, Ch. 1159, Sec. 8.)
  172. 6082.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    Certain people may seek review of State Bar Court action by the California Supreme Court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6082. Any person complained against and any person whose reinstatement the State Bar Court may refuse to recommend may have the action of the State Bar Court reviewed by the California Supreme Court in accordance with the procedure prescribed by the California Supreme Court. (Amended by Stats. 2018, Ch. 659, Sec. 63. (AB 3249) Effective January 1, 2019.)
  173. 6083.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    A State Bar licensee may file a petition with the Supreme Court to review, reverse, or modify certain discipline-related decisions, generally within 60 days. The petitioner must show why the decision or action is erroneous or unlawful.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6083. (a) A petition to review or to reverse or modify any decision recommending the disbarment or suspension from practice of a licensee of the State Bar may be filed with the Supreme Court by the licensee within 60 days after the filing of the decision recommending such discipline. (b) A petition to review or to reverse or modify any decision reproving a licensee of the State Bar, or any action enrolling the licensee as an inactive licensee pursuant to Section 6007 of this code, or refusing to restore the inactive licensee to an active license, pursuant to such section may be filed with the Supreme Court by the licensee within 60 days after service upon him or her of notice of such decision or action. (c) Upon such review the burden is upon the petitioner to show wherein the decision or action is erroneous or unlawful. (Amended by Stats. 2018, Ch. 659, Sec. 64. (AB 3249) Effective January 1, 2019.)
  174. 6084.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    This section makes State Bar Court decisions final and enforceable if no timely review petition is filed or if review is denied, allows the Supreme Court to act on a filed petition, permits rehearing within the usual civil-case time, and lets a licensee be held in contempt for willful noncompliance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6084. (a) When no petition to review or to reverse or modify has been filed by either party within the time allowed therefor, or the petition has been denied, the decision or order of the State Bar Court shall be final and enforceable. In any case in which a petition to review or to reverse or modify is filed by either party within the time allowed therefor, the Supreme Court shall make such order as it may deem proper in the circumstances. Nothing in this subdivision abrogates the Supreme Court’s authority, on its own motion, to review de novo the decision or order of the State Bar Court. (b) Notice of such order shall be given to the licensee and to the State Bar. (c) A petition for rehearing may be filed within the time generally provided for petitions for rehearing in civil cases. (d) For willful failure to comply with a disciplinary order or an order of the Supreme Court, or any part thereof, a licensee may be held in contempt of court. The contempt action may be brought by the State Bar in any of the following courts: (1) In the Los Angeles or San Francisco Superior Court. (2) In the superior court of the county of the licensee’s address as shown on current State Bar licensing records. (3) In the superior court of the county where the act or acts occurred. (4) In the superior court of the county in which the licensee’s regular business address is located. Changes of venue may be requested pursuant to the applicable provisions of Title 4 (commencing with Section 392) of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2018, Ch. 659, Sec. 65. (AB 3249) Effective January 1, 2019.)
  175. 6085.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    A person complained against in a disciplinary matter must get fair notice, a fair chance to defend, access to exculpatory evidence, counsel, witness examination rights, constitutional rights, and subpoena rights.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6085. Any person complained against shall be given fair, adequate, and reasonable notice and have a fair, adequate, and reasonable opportunity and right: (a) To defend against the charge by the introduction of evidence. (b) To receive any and all exculpatory evidence from the State Bar after the initiation of a disciplinary proceeding in State Bar Court, and thereafter when this evidence is discovered and available. This subdivision shall not require the disclosure of mitigating evidence. (c) To be represented by counsel. (d) To examine and cross-examine witnesses. (e) To exercise any right guaranteed by the California Constitution or the United States Constitution, including the right against self-incrimination. He or she shall also have the right to the issuance of subpoenas for attendance of witnesses to appear and testify or produce books and papers, as provided in this chapter. (Amended by Stats. 1999, Ch. 342, Sec. 4. Effective January 1, 2000.)
  176. 6085.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    In disciplinary proceedings against a licensee, a nolo contendere plea is allowed only with State Bar Court approval, and the court must ensure the licensee understands it is treated like an admission of culpability.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6085.5. There are three kinds of pleas to the allegations of a notice of disciplinary charges or other pleading which initiates a disciplinary proceeding against a licensee: (a) Admission of culpability. (b) Denial of culpability. (c) Nolo contendere, subject to the approval of the State Bar Court. The court shall ascertain whether the licensee completely understands that a plea of nolo contendere shall be considered the same as an admission of culpability and that, upon a plea of nolo contendere, the court shall find the licensee culpable. The legal effect of such a plea shall be the same as that of an admission of culpability for all purposes, except that the plea and any admissions required by the court during any inquiry it makes as to the voluntariness of, or the factual basis for, the pleas, may not be used against the licensee as an admission in any civil suit based upon or growing out of the act upon which the disciplinary proceeding is based. (Amended by Stats. 2018, Ch. 659, Sec. 66. (AB 3249) Effective January 1, 2019.)
  177. 6086.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The board of trustees may make rules setting the procedure for complaints against licensees, as allowed by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086. The board of trustees, subject to the provisions of this chapter, may by rule provide the mode of procedure in all cases of complaints against licensees. (Amended by Stats. 2018, Ch. 659, Sec. 67. (AB 3249) Effective January 1, 2019.)
  178. 6086.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    Disciplinary investigations are generally confidential, but certain hearings and records become public after charges are filed, and the board or specified officers may waive confidentiality in limited public-protection situations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.1. (a) (1) Subject to subdivision (b), and except as otherwise provided by law, hearings and records of original disciplinary proceedings in the State Bar Court shall be public, following the filing of a notice of disciplinary charges. (2) Subject to subdivision (b), and except as otherwise provided by law, hearings and records of the following matters shall be public: (A) Filings for involuntary inactive enrollment or restriction under subdivision (a), (c), (d), or (e) of Section 6007. (B) Petitions for reinstatement under Section 6078. (C) Proceedings for suspension or disbarment under Section 6101 or 6102. (D) Payment information from the Client Security Fund pursuant to Section 6140.5. (E) Actions to cease a law practice or assume a law practice under Section 6180 or 6190. (b) All disciplinary investigations are confidential until the time that formal charges are filed and all investigations of matters identified in paragraph (2) of subdivision (a) are confidential until the formal proceeding identified in paragraph (2) of subdivision (a) is instituted. These investigations shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). This confidentiality requirement may be waived under any of the following exceptions: (1) The licensee whose conduct is being investigated or has been investigated consents to a public announcement or disclosure. (2) (A) The Chief Trial Counsel, with the written concurrence of the chair of the board, may waive confidentiality, but only if both of the following are met: (i) Disclosure is warranted for protection of the public and the provisions of subdivision (c) are inadequate for the protection of the public. (ii) It is determined that disclosure is necessary to prevent an immediate harm to the public, including, but not limited to, ongoing fraud, theft, or embezzlement. (B) Under the circumstances in this paragraph, after private notice to the licensee, the Chief Trial Counsel or chair of the board may issue, if appropriate, one or more public announcements or make information public generally or to specified individuals or entities. Any disclosure made under this paragraph shall include a statement defending the right of the licensee to a fair hearing and shall be limited to doing some or all of the following: (i) Confirming the fact of an investigation or proceeding. (ii) Providing a brief factual summary to identify the subject matter of the investigation or proceeding. (iii) Providing the status of the investigation or proceeding. (C) If the Chief Trial Counsel or chair of the board for any reason self-disqualifies from acting under this paragraph or is otherwise unavailable to act under this paragraph, the Chief Trial Counsel or chair of the board shall designate someone to act on their behalf. (3) The Chief Trial Counsel or Chief Trial Counsel’s designee may waive confidentiality pursuant to Section 6044.5. (c) (1) Notwithstanding the confidentiality of investigations, the board may vote to waive confidentiality, but only when warranted for protection of the public. The board shall hold a meeting under this subdivision in closed session. (A) The board shall provide a licensee whose confidential information is being considered for disclosure five days’ notice of the fact that the board will be meeting to consider waiving confidentiality and that the licensee may, in advance of the meeting, submit a written statement to the board for the board’s consideration at the meeting. The licensee shall not be permitted to attend the closed session meeting of the board. (B) When assessing whether to waive confidentiality and to what extent the board shall, at a minimum: (i) Apply a presumption in favor of maintaining confidentiality. (ii) Consider the extent to which the allegations or issues involved in the investigation are generally known to the public. (iii) Consider the gravity of the underlying allegation and potential for continued harm to the public. (iv) Consider the potential for harm to the reputation of the licensee. (C) All materials for the board’s consideration pursuant to this subdivision, including the written statement from the licensee, shall be confidential and not disclosed as a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) If the board votes to waive confidentiality pursuant to paragraph (1) and only after complying with the requirements in paragraph (3), the Chief Trial Counsel or chair of the board may issue, if appropriate, one or more public announcements or make information public generally or to specified individuals or entities. Any disclosure under this paragraph shall include a statement defending the right of the licensee to a fair hearing and shall be limited to doing some or all of the following: (A) Confirming the fact of an investigation or proceeding. (B) Providing a brief factual summary to identify the subject matter of the investigation or proceeding. (C) Providing the status of the investigation or proceeding. (3) Before making any public announcements pursuant to paragraph (2), the State Bar shall provide notice to the licensee via email at the address shown on the licensee’s registration records of the State Bar and via United States mail to the physical address shown on the licensee’s registration records of all of the following: (A) The fact that the board has voted to waive confidentiality. (B) A description of the information that may be disclosed to the public. (C) That the licensee has five business days from the date of the notice to notify the State Bar that they are contesting the release of the information. (d) (1) A licensee may file a motion with the State Bar Court to prevent the State Bar from disclosing information pursuant to subdivision (c). The motion shall be filed within seven court days from the date of the notice issued to the licensee under paragraph (3) of subdivision (c). (2) If a licensee files a motion under paragraph (1) the proceeding shall be afforded priority on the State Bar Court calendar, and the court shall issue a ruling within 10 court days from the filing of the motion. (3) The State Bar shall adopt procedures to enact the provisions of this subdivision via the rulemaking process. (4) All hearings on motions pursuant to this subdivision shall be confidential. (e) Notwithstanding the confidentiality of investigations, the State Bar shall disclose to any member of the public so inquiring, any information reasonably available to it pursuant to subdivision (o) of Section 6068, and to Sections 6086.7, 6086.8, and 6101, concerning a licensee of the State Bar that is otherwise a matter of public record, including civil or criminal filings and dispositions. (Amended by Stats. 2023, Ch. 697, Sec. 17. (SB 40) Effective January 1, 2024.)
  179. 6086.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    Certain disciplinary orders must require the licensee to pay costs, and the State Bar can collect those costs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.10. (a) Any order imposing a public reproval on a licensee of the State Bar shall include a direction that the licensee shall pay costs. In any order imposing discipline, or accepting a resignation with a disciplinary matter pending, the Supreme Court shall include a direction that the licensee shall pay costs. An order imposing costs pursuant to this subdivision is enforceable both as provided in Section 6140.7 and as a money judgment. The State Bar may collect these costs through any means provided by law. (b) The costs required to be imposed pursuant to this section include all of the following: (1) The actual expense incurred by the State Bar for the original and copies of any reporter’s transcript of the State Bar proceedings, and any fee paid for the services of the reporter. (2) All expenses paid by the State Bar which would qualify as taxable costs recoverable in civil proceedings. (3) The charges determined by the State Bar to be “reasonable costs” of investigation, hearing, and review. These amounts shall serve to defray the costs, other than fees for the services of attorneys or experts, of the State Bar in the preparation or hearing of disciplinary proceedings, and costs incurred in the administrative processing of the disciplinary proceeding and in the administration of the Client Security Fund. (c) A licensee may be granted relief, in whole or in part, from an order assessing costs under this section, or may be granted an extension of time to pay these costs, in the discretion of the State Bar, upon grounds of hardship, special circumstances, or other good cause. (d) If an attorney is exonerated of all charges following a formal hearing, the attorney is entitled to reimbursement from the State Bar in an amount determined by the State Bar to be the reasonable expenses, other than fees for attorneys or experts, of preparation for the hearing. (e) In addition to other monetary sanctions as may be ordered by the Supreme Court pursuant to Section 6086.13, costs imposed pursuant to this section are penalties, payable to and for the benefit of the State Bar of California, a public corporation created pursuant to Article VI of the California Constitution, to promote rehabilitation and to protect the public. This subdivision is declaratory of existing law. (Amended by Stats. 2020, Ch. 360, Sec. 4. (AB 3362) Effective January 1, 2021.)
  180. 6086.13.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The Supreme Court may include a monetary sanction in certain attorney discipline orders, and the State Bar must adopt rules for how these sanctions are imposed and collected.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.13. (a) Any order of the Supreme Court imposing suspension or disbarment of a licensee of the State Bar, or accepting a resignation with a disciplinary matter pending may include an order that the licensee pay a monetary sanction not to exceed five thousand dollars ($5,000) for each violation, subject to a total limit of fifty thousand dollars ($50,000). (b) Monetary sanctions collected under subdivision (a) shall be deposited into the Client Security Fund. (c) The State Bar shall, with the approval of the Supreme Court, adopt rules setting forth guidelines for the imposition and collection of monetary sanctions under this section. (d) The authority granted under this section is in addition to the provisions of Section 6086.10 and any other authority to impose costs or monetary sanctions. (e) Monetary sanctions imposed under this section shall not be collected to the extent that the collection would impair the collection of criminal penalties or civil judgments arising out of transactions connected with the discipline of the attorney. In the event monetary sanctions are collected under this section and criminal penalties or civil judgments arising out of transactions connected with the discipline of the attorney are otherwise uncollectible, those penalties or judgments may be reimbursed from the Client Security Fund to the extent of the monetary sanctions collected under this section. (Amended by Stats. 2018, Ch. 659, Sec. 73. (AB 3249) Effective January 1, 2019.)
  181. 6086.14.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The State Bar’s Board of Trustees may create rules for an alternative dispute resolution discipline mediation program for attorney complaints, and attorneys may be disciplined for refusing to participate or failing to follow a mediation agreement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.14. (a) The Board of Trustees of the State Bar is authorized to formulate and adopt rules and regulations necessary to establish an alternative dispute resolution discipline mediation program to resolve complaints against attorneys that do not warrant the institution of formal investigation or prosecution. The program should identify sources of client dissatisfaction and provide a mediation process to resolve those complaints or disputes unless the client objects to mediation. The refusal of an attorney to participate in the State Bar’s alternative dispute resolution discipline mediation program established pursuant to this section, or the failure of an attorney to comply with any agreement reached in the State Bar’s alternative dispute resolution discipline mediation program may subject that attorney to discipline. The rules may authorize discipline mediation under this article to proceed under discipline mediation programs sponsored by local bar associations in this state. The rules shall authorize a local bar association to charge a reasonable administrative fee for the purpose of offsetting the costs of maintaining the discipline mediation programs. (b) The board of trustees shall have the authority to formulate and adopt standards and guidelines to implement the alternative dispute resolution discipline mediation program. The standards and guidelines formulated and adopted by the board, as from time to time amended, shall be effective and binding on all licensees, and may encompass any discipline mediation programs sponsored by local bar associations. (c) It is the intent of the Legislature that the authorization of an alternative dispute resolution discipline mediation program not be construed as limiting or altering the powers of the Supreme Court of this state or the State Bar to disbar or discipline licensees of the State Bar. The records relating to the alternative dispute resolution discipline mediation program may be made available in any subsequent disciplinary action pursuant to any rule, standard, or guideline adopted by the Board of Trustees of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 74. (AB 3249) Effective January 1, 2019.)
  182. 6086.15.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The State Bar must publish an Annual Discipline Report each year by November 30.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.15. (a) The State Bar shall issue an Annual Discipline Report by November 30 of each year describing the performance and condition of the State Bar discipline system, including all matters that affect public protection. Except as set forth in subdivision (d), the report shall cover the period from July 1 of the previous calendar year to June 30 of the year in which the report is issued and shall include accurate and complete descriptions of all of the following: (1) The inventory of cases within the Office of Chief Trial Counsel which were open at the start of the reporting period, were opened during the reporting period, remain pending with the office at the close of the reporting period, or were disposed of during the reporting period by closure, by filing of a stipulation with the State Bar Court, by filing of a notice of disciplinary charges with the State Bar Court, or by transmittal of a criminal conviction to the State Bar Court. The State Bar shall also report on its success in meeting the case processing goals set forth in Section 6094.5, including, but not limited to, tables showing the number and percentage of cases meeting each goal, the number and percentage of those cases not disposed of within the case processing goals, and a high-level explanation of the reasons for failing to meet those case processing goals. The inventory of cases shall not be limited to case types that could result in the filing of a notice of disciplinary charges in the State Bar Court, but shall also include Nonattorney Unauthorized Practice of Law (NA-UPL), Section 6007 matters, moral character matters, resignations with charges pending, and mini-reinstatements. (2) The number of inquiries and complaints and their disposition. (3) The number, average pending times, and types of matters self-reported by licensees of the State Bar pursuant to subdivision (o) of Section 6068 and subdivision (c) of Section 6086.8. (4) The number, average pending times, and types of matters reported by other sources pursuant to Sections 6086.7, 6086.8, 6091.1, subdivisions (b) and (c) of Section 6101, and Section 6175.6. (5) The speed of complaint handling and dispositions by type, measured by the median and the average processing times. (6) The number, average pending times, and types of filed notices of disciplinary charges and formal disciplinary outcomes. (7) The number, average pending times, and types of other matters, including petitions to terminate practice pursuant to Section 6180 or 6190, interim suspensions and license restrictions pursuant to Section 6007, motions to enforce a binding arbitration award, judgment, or agreement pursuant to subdivision (d) of Section 6203, motions to revoke probation, letters of warning, private reprovals, admonitions, and agreements in lieu of discipline. (8) The number, average pending times, and outcomes of complaints involving a State Bar licensee who has been disbarred or who has resigned, and is engaged in the unauthorized practice of law, including referrals to district attorneys, city attorneys, or other prosecuting authorities, or petitions to terminate practice pursuant to Section 6180. (9) The number, average pending times, and outcomes of complaints against nonattorneys engaged in the unauthorized practice of law, including referrals to district attorneys, city attorneys, or other prosecuting authorities; petitions to terminate practice pursuant to Section 6126.3; or referrals to prosecuting authorities or actions by the State Bar pursuant to Section 6126.7. (10) A description of the condition of the Client Security Fund, including an accounting of payouts. (11) An accounting of the cost of the discipline system by function. (12) Compliance with the requirement of Section 6101 to transmit, within 30 days of receipt, the record of any criminal conviction which involves or may involve moral turpitude to the Supreme Court, or to close the matter if transmittal to the Supreme Court is not appropriate. (b) The Annual Discipline Report shall include statistical information presented in a consistent manner for year-to-year comparison. (c) The Annual Discipline Report shall be presented to the Chief Justice of California, to the Governor, to the Speaker of the Assembly, to the President pro Tempore of the Senate, and to the Assembly and Senate Judiciary Committees, for their consideration and shall be considered a public document. (d) (1) All data relating to the items set forth in subdivision (a) shall also be reported, if available, for the preceding five years. Data from 2020 and prior years shall be reported for the calendar year. Except as specified in paragraph (2), data from 2021 and future years shall be reported based on the state fiscal year. (2) The Annual Discipline Report due on October 31, 2022, shall include data from both the prior state fiscal year and the prior calendar year. (Amended by Stats. 2023, Ch. 697, Sec. 18. (SB 40) Effective January 1, 2024.)
  183. 6086.16.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The State Bar must report to the Assembly and Senate Committees on Judiciary by January 1, 2005, about its regulatory and disciplinary efforts related to alleged abuses by private actions under the Unfair Practices Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.16. The State Bar shall report to the Assembly and Senate Committees on Judiciary by January 1, 2005, on the status of its regulatory and disciplinary efforts concerning alleged abuses by private actions brought on behalf of the general public pursuant to Section 17204 of the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Division 6). (Added by Stats. 2003, Ch. 334, Sec. 5. Effective January 1, 2004.)
  184. 6086.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    Certain State Bar records must be made available to the Office of Trial Counsel and the Office of Investigations for investigating and prosecuting complaints against State Bar licensees, unless disclosure is prohibited by law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.2. All State Bar records pertaining to admissions, licensing, and the administration of the program authorized by Article 14 of this chapter shall be available to the Office of Trial Counsel and the Office of Investigations for use in the investigation and prosecution of complaints against licensees of the State Bar, except to the extent that disclosure is prohibited by law. (Amended by Stats. 2018, Ch. 659, Sec. 69. (AB 3249) Effective January 1, 2019.)
  185. 6086.20.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The Chief Trial Counsel may not issue private reprovals to attorneys accused of misconduct starting January 1, 2025, and the board must recommend a formal disciplinary diversion program by April 1, 2024.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.20. (a) Commencing January 1, 2025, the Chief Trial Counsel shall not issue private reprovals to any attorney accused of misconduct. (b) On or before April 1, 2024, the board, in consultation with the Chief Trial Counsel, shall provide to the Assembly and Senate Judiciary Committees recommendations for codifying a formal disciplinary diversion program for attorneys accused of minor violations of the Rules of Professional Conduct. (Added by Stats. 2023, Ch. 697, Sec. 19. (SB 40) Effective January 1, 2024.)
  186. 6086.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The board of trustees must establish a State Bar Court, and that court can exercise board powers in specified disciplinary and reinstatement matters, subject to board rules and limits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.5. (a) The board of trustees shall establish a State Bar Court, to act in its place and stead in the determination of disciplinary and reinstatement proceedings and proceedings pursuant to subdivisions (b) and (c) of Section 6007 to the extent provided by rules adopted by the board of trustees pursuant to this chapter. In these proceedings the State Bar Court may exercise the powers and authority vested in the board of trustees by this chapter, including those powers and that authority vested in committees of, or established by, the board, except as limited by rules of the board of trustees within the scope of this chapter. (b) Access to records of the State Bar Court shall be governed by court rules and laws applicable to records of the judiciary and not the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) For the purposes of Sections 6007, 6050, 6052, and 6077 (excluding the first sentence), “board” includes the State Bar Court. (d) (1) Nothing in this section shall authorize the State Bar Court to adopt rules of professional conduct or rules of procedure. (2) The Executive Committee of the State Bar Court may adopt rules of practice for the conduct of all proceedings within its jurisdiction. These rules may not conflict with the rules of procedure adopted by the board, unless approved by the Supreme Court. (Amended by Stats. 2025, Ch. 405, Sec. 5. (SB 253) Effective January 1, 2026.)
  187. 6086.65.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    This section sets up the State Bar Court’s Review Department and Executive Committee, and limits review of certain decisions to timely party requests.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 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 9.11 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 licensee 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 9.12 of the California Rules of Court, or as otherwise directed by the Supreme Court. (Amended by Stats. 2018, Ch. 659, Sec. 70. (AB 3249) Effective January 1, 2019.)
  188. 6086.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    Courts must notify the State Bar about certain attorney-related disciplinary matters, and the State Bar must investigate reported matters.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.7. (a) A court shall notify the State Bar of any of the following: (1) A final order of contempt imposed against an attorney that may involve grounds warranting discipline under this chapter. The court entering the final order shall transmit to the State Bar a copy of the relevant minutes, final order, and transcript, if one exists. (2) Whenever a modification or reversal of a judgment in a judicial proceeding is based in whole or in part on the misconduct, incompetent representation, or willful misrepresentation of an attorney. (3) The imposition of any judicial sanctions against an attorney, except sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000). (4) The imposition of any civil penalty upon an attorney pursuant to Section 8620 of the Family Code. (5) A violation described in paragraph (1) of subdivision (a) of Section 1424.5 of the Penal Code by a prosecuting attorney, if the court finds that the prosecuting attorney acted in bad faith and the impact of the violation contributed to a guilty verdict, guilty or nolo contendere plea, or, if identified before conclusion of trial, seriously limited the ability of a defendant to present a defense. (b) In the event of a notification made under subdivision (a) the court shall also notify the attorney involved that the matter has been referred to the State Bar. (c) The State Bar shall investigate any matter reported under this section as to the appropriateness of initiating disciplinary action against the attorney. (Amended by Stats. 2015, Ch. 467, Sec. 1. (AB 1328) Effective January 1, 2016.)
  189. 6086.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    This section requires courts, insurers or surplus brokers, and uninsured attorneys to report certain malpractice-related judgments, claims, settlements, or awards to the State Bar of California.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6086.8. (a) Within 20 days after a judgment by a court of this state that a licensee of the State Bar of California is liable for any damages resulting in a judgment against the attorney in any civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity, the court which rendered the judgment shall report that fact in writing to the State Bar of California. (b) Every claim or action for damages against a licensee of the State Bar of California for fraud, misrepresentation, breach of fiduciary duty, or negligence committed in a professional capacity shall be reported to the State Bar of California within 30 days of receipt by the admitted insurer or licensed surplus brokers providing professional liability insurance to that licensee of the State Bar. (c) An attorney who does not possess professional liability insurance shall send a complete written report to the State Bar as to any settlement, judgment, or arbitration award described in subdivision (b), in the manner specified in that subdivision. (Amended by Stats. 2018, Ch. 659, Sec. 71. (AB 3249) Effective January 1, 2019.)
  190. 6087.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    This section preserves the Supreme Court’s authority to disbar or discipline bar licensees and lets the Court, by rule, authorize the State Bar to take actions otherwise reserved to the Court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6087. Nothing in this chapter shall be construed as limiting or altering the powers of the Supreme Court of this State to disbar or discipline licensees of the bar as this power existed prior to the enactment of Chapter 34 of the Statutes of 1927, relating to the State Bar of California. Notwithstanding any other law, the Supreme Court may by rule authorize the State Bar to take any action otherwise reserved to the Supreme Court in any matter arising under this chapter or initiated by the Supreme Court; provided, that any such action by the State Bar shall be reviewable by the Supreme Court pursuant to such rules as the Supreme Court may prescribe. (Amended by Stats. 2018, Ch. 659, Sec. 76. (AB 3249) Effective January 1, 2019.)
  191. 6088.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. )

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    The board may make certain alleged facts admitted when a party defaults, but the rules must also let that party seek relief from the admission within 30 days of notice if the default was due to mistake or excusable neglect and the facts are actually denied.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5. Disciplinary Authority of the Board of Governors [6075 - 6088] ( Article 5 added by Stats. 1939, Ch. 34. ) ## 6088. The board may provide by rule that alleged facts in a proceeding are admitted upon failure to answer, failure to appear at formal hearing, or failure to deny matters specified in a request for admissions; the party in whose favor the facts are admitted shall not be required to otherwise prove any facts so admitted. However, the rules shall provide a fair opportunity for the party against whom facts are admitted to be relieved of the admission upon a satisfactory showing, made within 30 days of notice that facts are admitted, that (a) the admissions were the result of mistake or excusable neglect, and (b) the admitted facts are actually denied by the party. (Added by Stats. 1986, Ch. 1114, Sec. 7.)
  192. 6090.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    A licensee may be disciplined for trying to get someone to agree to keep misconduct or settlement terms from the State Bar, drop a disciplinary complaint, stop cooperating, or seal records from State Bar review.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6090.5. (a) It is cause for suspension, disbarment, or other discipline for any licensee, whether acting on their own behalf or on behalf of someone else, whether or not in the context of litigation to solicit, agree, or seek agreement, that: (1) Misconduct or the terms of a settlement of a claim for misconduct shall not be reported to the State Bar. (2) A complainant shall withdraw a disciplinary complaint or shall not cooperate with the investigation or prosecution conducted by the State Bar. (3) The record of any action or proceeding shall be sealed from review by the State Bar. (b) This section applies to all agreements or attempts to seek agreements, irrespective of the commencement or settlement of a civil action. (Amended by Stats. 2020, Ch. 360, Sec. 5. (AB 3362) Effective January 1, 2021.)
  193. 6090.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    In a disciplinary proceeding, the State Bar may access certain nonpublic court records, must keep them confidential, and may disclose them publicly only after notice is given.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6090.6. In a disciplinary proceeding, the State Bar shall have access, on an ex parte basis, to all nonpublic court records relevant to the competence or performance of its licensees, provided that these records shall remain confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). This access, for investigation and enforcement purposes, shall not be limited by any court order sealing those records, except a court order authorized by Section 851.6, 851.7, 851.8, or 851.85 of the Penal Code. The State Bar may disclose publicly the nature and content of those records, including sealed records other than those specified immediately above in this section, after notice of intention to disclose all or a part of the records has been given to the parties in the underlying action. A party to the underlying action who would be adversely affected by the disclosure may serve notice on the State Bar within 10 days of receipt of the notice of intention to disclose the records that it opposes the disclosure and will seek a hearing in the court of competent jurisdiction on an expedited basis. (Amended by Stats. 2021, Ch. 615, Sec. 19. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  194. 6090.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    Some State Bar licensees must tell the State Bar if they know another licensee has engaged in certain serious offenses; privilege and diversion-program information are exempt.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6090.8. (a) (1) A licensee of the State Bar who knows that another licensee has conspired to engage in or has engaged in any of the following shall inform the State Bar: (A) Seditious conspiracy as prohibited under Section 2384 of Title 18 of the United States Code. (B) Treason as prohibited under Section 37 of the Penal Code or Section 2381 of Title 18 of the United States Code. (C) Rebellion or insurrection as prohibited under Section 2383 of Title 18 of the United States Code. (2) For the purpose of this subdivision, “knows” means actual knowledge of the fact in question. A licensee’s knowledge may be inferred from circumstances. (b) This section does not require disclosure of information otherwise protected by the attorney-client privilege or information gained by a licensee while participating in the Attorney Diversion and Assistance Program. (c) A licensee of the State Bar who makes a complaint to the State Bar pursuant to subdivision (a) with the intent to intimidate, harass, or otherwise deter a fellow licensee from engaging in the lawful practice of law shall be deemed to have committed professional misconduct. (d) The board may amend the Rules of Professional Conduct, and shall propose those amendments to the Supreme Court for approval, to implement this section. (Added by Stats. 2023, Ch. 697, Sec. 20. (SB 40) Effective January 1, 2024.)
  195. 6091.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    If a client complains to the State Bar about mishandling of a trust fund, the State Bar must investigate and may order an audit; on the client’s written request, the attorney must provide a complete trust-account statement within 10 calendar days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6091. If a client files a complaint with the State Bar alleging that his or her trust fund is being mishandled, the State Bar shall investigate and may require an audit if it determines that circumstances warrant. At the client’s written request, the attorney shall furnish the client with a complete statement of the funds received and disbursed and any charges upon the trust account, within 10 calendar days after receipt of the request. Such requests may not be made more often than once each 30 days unless a client files a complaint with the State Bar and the State Bar determines that more statements are warranted. (Added by Stats. 1986, Ch. 475, Sec. 4.)
  196. 6091.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    Banks holding attorney trust accounts must report insufficient-funds presentments to the State Bar, with specific report contents and timing rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6091.1. (a) The Legislature finds that overdrafts and misappropriations from attorney trust accounts are serious problems, and determines that it is in the public interest to ensure prompt detection and investigation of instances involving overdrafts and misappropriations from attorney trust accounts. A financial institution, including any branch, which is a depository for attorney trust accounts under subdivision (a) or (b) of Section 6211, shall report to the State Bar in the event any properly payable instrument is presented against an attorney trust account containing insufficient funds, irrespective of whether or not the instrument is honored. (b) All reports made by the financial institution shall be in the following format: (1) In the case of a dishonored instrument, the report shall be identical to the overdraft notice customarily forwarded to the depositor, and shall include a copy of the dishonored instrument, if such a copy is normally provided to depositors. (2) In the case of instruments that are presented against insufficient funds but which instruments are honored, the report shall identify the financial institution, the attorney or law firm, the account number, the date of presentation for payment, and the date paid, as well as the amount of overdraft created thereby. These reports shall be made simultaneously with, and within the time provided by law for notice of dishonor, if any. If an instrument presented against insufficient funds is honored, then the report shall be made within five banking days of the date of presentation for payment against insufficient funds. (c) Every attorney practicing or admitted to practice in this state shall, as a condition thereof, be conclusively deemed to have consented to the reporting and production requirements of this section. (d) Nothing in this section shall preclude a financial institution from charging an attorney or law firm for the reasonable cost of producing the reports and records required by subdivisions (a) and (b). (Added by Stats. 1988, Ch. 1159, Sec. 21.)
  197. 6091.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    This section defines three terms used in Section 6091.1: “financial institution,” “properly payable,” and “notice of dishonor.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6091.2. As used in Section 6091.1: (a) “Financial institution” means a bank, savings and loan, or other financial institution serving as a depository for attorney trust accounts under subdivision (a) or (b) of Section 6211. (b) “Properly payable” means an instrument that, if presented in the normal course of business, is in a form requiring payment under the laws of this state. (c) “Notice of dishonor” means the notice that a financial institution is required to give, under the laws of this state, upon presentation of an instrument that the institution dishonors. (Amended by Stats. 2007, Ch. 422, Sec. 1. Effective January 1, 2008.)
  198. 6091.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    Financial institutions, attorneys, law firms, and the State Bar have new client trust account reporting and license-number handling duties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6091.3. (a) Commencing January 1, 2026, upon the establishment of a new client trust account associated with an attorney licensed to practice in California, the financial institution shall collect and retain within its books and records an attorney’s State Bar license number where the number is made available to the financial institution by the attorney associated with the client trust account in the format described in subdivision (c). (b) On or before March 1, 2026, and annually on or before March 1 thereafter, a financial institution shall electronically provide via secure file transport protocol or another format mutually acceptable to the financial institution and the State Bar, the following for every client trust account actually known to the financial institution associated with an attorney’s State Bar license number: (1) The name of the financial institution in which the client trust account is held. (2) The name of the attorney or law firm associated with the client trust account. (3) The account number of the client trust account. (4) The attorney’s State Bar license number associated with the trust account. (5) The trust account balance as of December 31 of the previous year. If December 31 is a holiday, the account balance as of the preceding business day may be reported. (c) On or before January 1, 2026, the State Bar shall create a standard form for use by an attorney licensed to practice in California wherein the attorney shall submit their State Bar license number and the name and account number of all applicable associated client trust accounts to a financial institution pursuant to subdivision (d). (d) On or before July 1, 2026, the State Bar shall require an attorney licensed to practice in California to furnish their State Bar license number to the financial institution where the attorney associated with the client trust account maintains the account. If the client trust account is maintained by a law firm, the law firm shall designate one of its members to provide the member’s State Bar license number. The attorney licensed to practice in California shall submit the completed form to satisfy the requirements in this subdivision to the financial institution pursuant to Section 684.115 of the Code of Civil Procedure. (e) A financial institution receiving a completed form containing a State Bar license number pursuant to subdivision (d) shall, in reliance on the license number, incorporate into its books and records the attorney’s State Bar license number for known client trust accounts where the license number was previously not collected. (f) This section is intended to supplement, and not eliminate nor replace, the remittance, reporting, and other obligations of a financial institution under Section 6212, which shall remain in full force and effect. This section does not affect the obligations of an attorney or a law firm relating to maintaining an interest-bearing IOLTA account under Section 6211, which shall remain in full force and effect. (g) No action shall lie against a financial institution or any of its officers, directors, or employees relating to their discharge of, or their alleged failure to discharge, any obligation under this section. (h) On or before November 30, 2026, and annually on or before November 30 thereafter, the State Bar shall submit to the Assembly Committee on Judiciary and the Senate Committee on Judiciary a report detailing the number of findings, mandatory corrective actions, and referrals for possible discipline that the State Bar made in the prior fiscal year pertaining to client trust accounts. The report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2024, Ch. 227, Sec. 14. (AB 3279) Effective January 1, 2025.)
  199. 6091.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    Certain State Bar licensees and registered entities must give requested records and communications to the State Bar during a compliance review or investigative audit.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6091.4. (a) Notwithstanding subdivision (e) of Section 6068, Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the Attorney Work Product doctrine as restated in Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure, or any other law, licensees of the State Bar, limited liability partnerships, or law corporations registered with the State Bar shall, pursuant to a request made as part of a compliance review or investigative audit being conducted by or at the direction of the State Bar, provide to the State Bar or its agents all requested information, records, or communications, including, but not limited to, account journals, client ledgers, fee agreements, client files, and billing statements related to the receipt, holding, and disbursement of funds, securities, or other property in which the licensee, limited liability partnership, or law corporation knows or reasonably should know a client or other person has an interest. (b) By providing any information, records, or communications under subdivision (a), an attorney does not violate, waive, or extinguish the duty to maintain the confidence and preserve the secrets of their client under subdivision (e) of Section 6068, the Lawyer-Client Privilege under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the Attorney Work Product doctrine as restated in Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure, or the protections of any other rule or law related to attorney work product or the attorney-client privilege. (c) Any information, records, or communications provided under subdivision (a) shall remain confidential unless disclosure by the State Bar or its agents is required to fulfill its licensing, regulatory, and disciplinary functions, including, but not limited to, investigation or formal proceedings concerning alleged misconduct of a licensee, limited liability partnership, or law corporation or the disclosure of alleged misconduct under Section 6044.5. In no event shall disclosure by the State Bar or its agents be deemed a waiver of the confidential character of the information for any other purpose nor shall the disclosing licensee be considered in violation of any of the duties listed in subdivision (b) as related to the disclosure of such items by the State Bar or its agents. (d) Any information, records, or communications provided under subdivision (a) shall not be disclosed pursuant to any state law, including but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Added by Stats. 2024, Ch. 227, Sec. 15. (AB 3279) Effective January 1, 2025.)
  200. 6092.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )

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    The State Bar may hire consultants, use an unpaid volunteer peer review committee, and take other appropriate steps to help devise methods for determining and improving attorney competence.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6092. The State Bar may engage the services of consultants and an unpaid volunteer peer review committee and undertake any other steps that may be appropriate for devising methods for determining and improving attorney competence. (Amended by Stats. 2018, Ch. 659, Sec. 80. (AB 3249) Effective January 1, 2019.)

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