CA SB 40

Title: State Bar of California.
Author: Thomas J. Umberg

Summary
SB 40, as amended, Umberg. State Bar of California. Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), a public corporation governed by a board of trustees. Under existing law, the officers of the State Bar are a chair, a vice chair, and a secretary. Existing law requires the chair to preside at all meetings of the State Bar and of the board, and requires the vice chair to preside at those meetings in the event of the chair’s absence or inability to act. Existing law authorizes the board to prescribe additional duties of the chair and the vice chair and to prescribe the duties of the secretary. Existing law sets the length of the terms of the chair and the vice chair at one year, and requires them to assume the duties of their office at the conclusion of the annual meeting following their appointment.This bill instead would extend the length of those terms up to 2 years, and would require them to assume the duties of their office at the conclusion of the September meeting following their appointment.This bill would require the board to appoint an executive director of the State Bar, who would be responsible for the leadership and management of the State Bar according to the strategic direction set by the board, and to 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, as specified. The bill would set the length of the term for those appointments at 4 years, and would authorize reappointment for additional 4-year terms. The bill would require the State Bar to notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of those positions, and would make those appointments subject to confirmation by the Senate, as specified. The bill would limit the application of these provisions to persons appointed on or after January 1, 2024.Existing law exempts the State Bar from laws restricting, or prescribing a mode of procedure for the exercise of powers of state public bodies or state agencies, as specified.This bill would subject members of the board of trustees and employees of the State Bar to specified conflicts of interest provisions relating to contracts, which are generally applicable to public officers and employees. By expanding the scope of provisions, the violation of which would be a crime, this bill would impose a state-mandated local program.Existing law requires a member of the board to disqualify themself from making, participating in the making of, or attempting to influence any decisions of the board or a committee of the board in which the member has a financial interest, as defined, that it is reasonably foreseeable may be affected materially by the decision. Existing law makes an intentional violation of this requirement subject to specified criminal penalties. Existing law also requires a member to disqualify themself when there exists a personal nonfinancial interest that will prevent the member from applying disinterested skill and undivided loyalty to the State Bar in making or participating in the making of decisions.Under this bill, the scope of the disqualification requirement relating to decisions in which a member has a financial interest, as described, would be expanded to include any decision of the State Bar. By expanding the scope of this requirement, an intentional violation of which is a crime, this bill would impose a state-mandated local program. Under the bill, the scope of the disqualification requirement relating to a member’s personal interests would also be expanded to include any personal interests that may have that effect on the member’s making or participating in the making of decisions.Under existing law, the State Civil Service Act, certain acts, including convictions of certain crimes, are cause for discipline of a state employee or of a person whose

Status
Assembly amendments concurred in. (Ayes 31. Noes 8.) Ordered to engrossing and enrolling.

Bill Documents
CA SB 40 - 09/07/23 - Amended Assembly
09/07/23 - CA SB 40 (09/07/23 - Amended Assembly)