SECTIONS 6010-6033 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6010-6033

6010. The State Bar is governed by a board known as the board of
governors of the State Bar. The board has the powers and duties
conferred by this chapter.

6011. The board consists of 22 members and the President of the
State Bar.

6012.5. Notwithstanding any other provision of law, beginning July
1, 1990, and every 10 years thereafter, the board shall adjust the
counties included in the State Bar Districts as they existed on June
30, 1990, and shall provide for the election of attorney members of
the board from those districts. The primary consideration to be
employed when adjusting the counties included in the State Bar
Districts shall be the development of an equitable distribution of
attorney members to governors in each district, except for the
district containing rural counties such as those contained in State
Bar District No. 1 as it existed on June 30, 1990.

6013.1. The attorney membership of the board is composed of:
(a) Fifteen members to be elected from the State Bar Districts
created by the board pursuant to Section 6012.5.
(b) One member from the membership of the California Young Lawyers
Association appointed pursuant to Section 6013.4.
This section shall become operative on July 1, 1990.

6013.4. Notwithstanding any other provision of law, one member of
the board shall be elected by the board of directors of the
California Young Lawyers Association, from the membership of that
association.
Such member shall serve for a term of one year, commencing at the
conclusion of the annual meeting next succeeding the election and is
eligible for reelection. A vacancy shall be filled by election in the
manner provided herein for the unexpired term.

6013.5. Notwithstanding any other provision of law, six members of
the board shall be members of the public who have never been members
of the State Bar or admitted to practice before any court in the
United States. They shall be appointed through 1982 by the Governor,
subject to the confirmation of the Senate.
Each of such members shall serve for a term of three years,
commencing at the conclusion of the annual meeting next succeeding
his appointment, except that for the initial term after enactment of
this section, two shall serve for one year, two for two years, and
the other two for three years, as determined by lot.
In 1983 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.
For each of the years, 1984 and 1985, two public members shall be
appointed by the Governor, subject to the confirmation of the Senate.
Each respective appointing authority shall fill any vacancy in and
make any reappointment to each respective office.

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
Governors of 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
Governors 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
Governors of the State Bar of California by a person employed by a
public agency is in the public interest.

6014. Five of the attorney members of the board are elected each
year for terms of three years each.
No person shall be nominated for, or eligible to, membership on
the board who has served as a member for three years next preceding
the expiration of his current term, or would have so served if his
current term were completed.
Within the meaning of this section, the time intervening between
any two successive annual meetings is deemed to be one year.

6015. No person is eligible for attorney membership on the board
unless he or she is an active member of the State Bar and unless 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.

6016. The term of office of each attorney member of the board shall
commence at the conclusion of the annual meeting next succeeding his
or her election, and he or she shall hold office until his or her
successor is elected and qualified.
Vacancies in the board of governors shall be filled by the board
by special election or by appointment for the unexpired term.
The board of governors 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.

6017. Members of the board shall be elected for terms of three
years as follows:
(a) In l939, one member each shall be elected from State Bar
Districts 4, 6 and 8 and two members from State Bar District 7.
(b) In 1940, one member each shall be elected from State Bar
Districts 1, 3, 5, 7 and 9.
(c) In 1941, one member each shall be elected from State Bar
Districts 2, 3 and 4 and two members shall be elected from State Bar
District 7.
Thereafter, five members of the board shall be elected each year,
each for three year terms, from the State Bar Districts in which
vacancies will occur in that year by reason of the expiration of the
term of office of a member theretofore elected thereto.

6018. Nominations of members of the board shall be by petition
signed by at least twenty persons entitled to vote for such nominees.
Only active members of the State Bar maintaining their principal
offices for the practice of the law in the respective State Bar
districts shall be entitled to vote for the member or members of the
board therefrom.

6019. Each place upon the board for which a member is to be elected
shall for the purposes of the election be deemed a separate office.
If only one member seeks election to an office, the member is
deemed elected. If two or more members seek election to the same
office, the election shall be by ballot. The ballots shall be
distributed to those entitled to vote at least twenty days prior to
the date of canvassing the ballots and shall be returned to a site or
sites designated by the State Bar, where they shall be canvassed at
least five days prior to the ensuing annual meeting. At the annual
meeting, the count shall be certified and the result officially
declared.
In all other respects the elections shall be as the board may by
rule direct.

6020. The officers of the State Bar are a president, four vice
presidents, a secretary and a treasurer. One of the vice presidents
may also be elected to the office of treasurer.

6021. Within the period of 270 days next preceding the annual
meeting, the board, at a meeting called for that purpose, shall elect
the president, vice presidents and treasurer for the ensuing year.
The president shall be elected from among those members of the board
whose terms on the board expire that year, or if no such member is
able and willing to serve, then from among the board members who have
completed at least one or more years of their terms.
The other officers shall be elected from among the board members
who have at least one or more years to complete their respective
terms.
The newly elected president, vice presidents, and treasurer shall
assume the duties of their respective offices at the conclusion of
the annual meeting following their election.

6022. The secretary shall be selected annually by the board and
need not be a member of the State Bar.

6023. The officers of the State Bar shall continue in office until
their successors are elected and qualify.

6024. The president 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, one of the vice presidents shall preside.
Other duties of the president and the vice presidents, and the
duties of the secretary and the treasurer, shall be such as the board
may prescribe. The president may vote only in the case of a tie vote
of the other members of the board present and voting.

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.
The board shall by rule fix the time and place of the annual
meeting of the State Bar, the manner of calling special meetings
thereof and determine what number shall constitute a quorum of the
State Bar.

6026. At the annual meeting, reports of the proceedings by the
board since the last annual meeting, reports of other officers and
committees and recommendations of the board shall be received.
Matters of interest pertaining to the State Bar and the
administration of justice may be considered and acted upon.

6026.5. Every meeting of the board shall be open to the public
except those meetings, or portions thereof, relating to:
(a) Consultation with counsel concerning pending or prospective
litigation.
(b) Involuntary enrollment of active members as inactive members
due to mental infirmity or illness or addiction to intoxicants or
drugs.
(c) The qualifications of judicial appointees, nominees, or
candidates.
(d) The appointment, employment or dismissal of an employee,
consultant, or officer of the State Bar or to hear complaints or
charges brought against such employee, consultant, or officer unless
such person requests a public hearing.
(e) Disciplinary investigations and proceedings, including
resignations with disciplinary investigations or proceedings pending,
and reinstatement proceedings.
(f) Appeals to the board from decisions of the Board of Legal
Specialization refusing to certify or recertify an applicant or
suspending or revoking a specialist's certificate.
(g) Appointments to or removals from committees, boards, or other
entities.
(h) Joint meetings with agencies provided in Article VI of the
California Constitution.

6027. Special meetings of the State Bar may be held at such times
and places as the board provides.

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.

6029. The board may appoint such committees, officers and employees
as it deems necessary or proper, and fix and pay salaries and
necessary expenses.

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.

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, including, but not by way of
limitation, all matters that may advance the professional interests
of the members of the State Bar and such matters as concern the
relations of the bar with the public.
(b) Notwithstanding this section or any other provision of 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 member 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.

6031.5. (a) State Bar sections, as established under and pursuant
to Article 13 of the Rules and Regulations of the State Bar, and
their activities shall not be funded with mandatory fees collected
pursuant to subdivision (a) of Section 6140.
The State Bar may provide an individual section, or two or more
sections collectively, with administrative and support services,
provided the State Bar shall be reimbursed for the full cost of those
services out of funds collected pursuant to subdivision (b), funds
raised by or through the activities of the sections, or other funds
collected from voluntary sources. 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 dues are not used to fund the
sections.
(b) Notwithstanding the other provisions of this section, the
State Bar is expressly authorized to collect voluntary fees to fund
the State Bar sections on behalf of those organizations in
conjunction with the State Bar's collection of its annual membership
dues. Funds collected pursuant to this subdivision, and other funds
raised by or through the activities of the sections, or collected
from voluntary sources, for their support or operation, shall not be
subject to the expenditure limitations of subdivision (b) of Section
6140.05.
(c) Notwithstanding any other provision of law, the State Bar is
expressly authorized to collect, in conjunction with the State Bar's
collection of its annual membership dues, 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 dues are not used to fund any successor
entity.
(d) 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 subdivision
(c), is a voluntary association, is not a part of the State Bar of
California, and shall not be funded in any way through mandatory dues
collected by the State Bar of California. Any contribution or
membership option included with a State Bar of California mandatory
dues 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.

6032. Notwithstanding any other provision of law, the State Bar is
expressly authorized to collect, in conjunction with the State Bar's
collection of its annual membership dues, 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.

6033. (a) Notwithstanding any other provision of law, the State Bar
is expressly authorized to facilitate the professional
responsibilities of members by collecting, in conjunction with the
State Bar's collection of its annual membership dues or otherwise,
voluntary financial support for nonprofit organizations that provide
free legal services to persons of limited means.
(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 members 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
members, 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 Governors 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.