SECTIONS 6075-6088 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6075-6088

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 members of the State Bar.

6076. With the approval of the Supreme Court, the Board of
Governors may formulate and enforce rules of professional conduct for
all members of the bar in the State.

6076.5. (a) With the approval of the Supreme Court, the members of
the State Bar may formulate by initiative, pursuant to the provisions
of this section, rules of professional conduct for all members of
the bar in the state.
(b) Only active members of the State Bar shall be proponents of
initiative measures pursuant to this section.
(c) Prior to the circulation of any initiative petition for
signatures, the proponents shall file the text of the proposed
initiative measure with both the Secretary of the State Bar and the
Clerk of the Supreme Court.
(d) Upon receipt of the text of a proposed initiative measure, the
secretary shall prepare a summary of the chief purposes and points
of the proposed initiative measure. The summary shall give a true and
impartial statement of the purpose of the measure in such language
that it shall not be an argument or likely to create prejudice either
for or against the measure. The secretary shall provide a copy of
the summary to the proponents within 30 days after receipt of the
final version of the proposed measure. If during the 30-day period
the proponents submit amendments, other than technical,
nonsubstantive amendments, to the final version of such measure, the
secretary shall provide a copy of the summary to the proponents
within 30 days after receipt of such amendments.
(e) The proponents of any proposed initiative measure shall, prior
to its circulation, place upon each section of the petition, above
the text of the measure and across the top of each page of the
petition on which signatures are to appear, in boldface type not
smaller than 12-point, the summary prepared by the secretary.
(f) All such initiative petitions shall have printed across the
top thereof in 12-point boldface type the following: "Initiative
measure to be submitted directly to the members of the State Bar of
California."
(g) Any initiative petition may be presented in sections, but each
section shall contain a full and correct copy of the title and text
of the proposed measure.
(h) The petition sections shall be designed so that each signer
shall personally affix his or her:
(1) Signature;
(2) Printed name;
(3) State Bar membership number; and
(4) Principal office address for the practice of law.
Only a person who is an active member of the State Bar at the time
of signing the petition is entitled to sign it.
The number of signatures attached to each section shall be at the
discretion of the person soliciting the signatures.
(i) Any member of the State Bar, or employee or agent thereof, may
circulate an initiative petition anywhere within the state.
Any person circulating a petition may sign the section he or she
is circulating if he or she is otherwise qualified to do so.
(j) Each section shall have attached thereto the affidavit of the
person soliciting the signatures stating:
(1) The qualifications of the solicitor;
(2) That the signatures affixed to the section were made in his or
her presence;
(3) That to the best of his or her knowledge and belief, each
signature is the genuine signature of the person whose name it
purports to be;
(4) That to the best of his or her knowledge and belief, each
State Bar membership number is the genuine membership number of the
person whose number it purports to be; and
(5) The dates between which all signatures were obtained.
The affidavit shall be verified free of charge by any officer
authorized to administer oaths.
Petitions so verified shall be prima facie evidence that the
signatures thereon are genuine and that the persons signing are
active members of the State Bar. Unless and until it be otherwise
proven upon official investigation, it shall be presumed that the
petition presented contains the signatures of the requisite number of
active members of the State Bar.
(k) All sections of the petition shall be filed with the Secretary
of the State Bar within 180 days after the date upon which the
secretary mailed or delivered to the proponents a copy of the summary
specified in subdivision (d), but all sections circulated in any
State Bar district shall be filed at the same time.
(l) No initiative measure shall be submitted to the members of the
State Bar for a vote unless with regard to each State Bar district
the petition has been signed by at least 20 percent of the number of
active members whose principal office for the practice of law was
within the district as of the January 1 preceding the date upon which
all sections of the petition from all State Bar districts were filed
with the secretary.
(m) The secretary shall promptly determine the total number of
signatures from each State Bar district affixed to the petition. If
the total number of signatures from any State Bar district is less
than the number required by subdivision (l), the secretary shall so
notify the proponents and no further action shall be taken in regard
to the petition. If the total number of signatures from each and
every State Bar district is equal to or greater than the number
required by subdivision (l), the secretary shall verify the names and
State Bar membership numbers, and may, in his discretion, verify the
office addresses and signatures of the persons who signed the
petition. If the total number of verified signers of the petition
from any State Bar district is less than the number required by
subdivision (l), the secretary shall so notify the proponents and no
further action shall be taken in regard to the petition. If the total
number of verified signers of the petition from each and every State
Bar district is equal to or greater than the number required by
subdivision (l), the secretary shall cause the initiative measure to
be submitted within 90 days to all of the active members of the State
Bar for mail vote pursuant to such rules and regulations as the
board may from time to time prescribe.
(n) The board of governors, without petition, may also direct the
secretary to cause an initiative measure embodying a rule of
professional conduct formulated by the board to be submitted to all
of the active members of the State Bar for mail vote in accordance
with the rules and regulations prescribed by the board.
(o) If a majority of the active members of the State Bar fail to
approve the initiative measure, the secretary shall so notify the
proponents and the Clerk of the Supreme Court.
If a majority of the active members of the State Bar approve the
initiative measure, the secretary shall cause the measure to be
submitted to the Supreme Court for its consideration as a rule of
professional conduct.
(p) The rules of professional conduct submitted to the Supreme
Court pursuant to the provisions of this section, when approved by
the Supreme Court, shall have the same force and effect as the rules
of professional conduct formulated by the board of governors and
approved by the Supreme Court pursuant to Sections 6076 and 6077.

6077. The rules of professional conduct adopted by the board, when
approved by the Supreme Court, are binding upon all members of the
State Bar.
For a wilful breach of any of these rules, the board has power to
discipline members of the State Bar by reproval, public or private,
or to recommend to the Supreme Court the suspension from practice for
a period not exceeding three years of members of the State Bar.

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 member 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.

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 board has the power to recommend to the Supreme
Court the disbarment or suspension from practice of members or to
discipline them by reproval, public or private, without such
recommendation.
The board may pass upon all petitions for reinstatement.

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 member 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) 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 91.3225 percent of the salary of a
superior court judge. The presiding judge shall be paid the same
salary as a superior court judge.
(e) From among the members 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 member 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.

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.

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 Rules Committee and the Senate and
Assembly Judiciary Committees 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
Governors 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.

6080. The board shall keep a record of all disciplinary
proceedings. In all disciplinary proceedings resulting in a
recommendation to the Supreme Court for disbarment or suspension, the
board shall keep a transcript of the evidence and proceedings
therein and shall make findings of fact thereon. The board 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.

6081. Upon the making of any decision recommending the disbarment
or suspension from practice of any member of the State Bar, the board
shall immediately file a certified copy of the decision, together
with the transcript and the findings, with the Clerk of the Supreme
Court. Upon enrolling a member as an inactive member pursuant to
Section 6007 of this code, or upon terminating or refusing to
terminate such enrollment pursuant to such section the board shall
immediately give appropriate written notice to the member and to the
Clerk of the Supreme Court.

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.

6082. Any person complained against and any person whose
reinstatement the board may refuse to recommend may have the action
of the board, or of any committee authorized by it to make a
determination on its behalf, pursuant to the provisions of this
chapter, reviewed by the California Supreme Court or by a California
Court of Appeal in accordance with the procedure prescribed by the
California Supreme Court.

6083. (a) A petition to review or to reverse or modify any decision
recommending the disbarment or suspension from practice of a member
of the State Bar may be filed with the Supreme Court by the member
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 member of the State Bar, or any action enrolling him as
an inactive member pursuant to Section 6007 of this code or refusing
to restore him to active membership, pursuant to such section may be
filed with the Supreme Court by the member within 60 days after
service upon him 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.

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 member 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 member 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 member's address as
shown on current State Bar membership 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 member'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.

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.

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 member:
(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 member 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 member 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 member as an admission in any civil suit based upon
or growing out of the act upon which the disciplinary proceeding is
based.

6086. The board of governors, subject to the provisions of this
chapter, may by rule provide the mode of procedure in all cases of
complaints against members.

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 a
notice to show cause.
(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. This confidentiality requirement may be waived under
any of the following exceptions:
(1) The member whose conduct is being investigated may waive
confidentiality.
(2) The Chief Trial Counsel or President of the State Bar may
waive confidentiality, but only when warranted for protection of the
public. Under those circumstances, after private notice to the
member, the Chief Trial Counsel or President of the State Bar may
issue, if appropriate, one or more public announcements or make
information public confirming the fact of an investigation or
proceeding, clarifying the procedural aspects and current status, and
defending the right of the member to a fair hearing. If the Chief
Trial Counsel or President of the State Bar for any reason declines
to exercise the authority provided by this paragraph, or disqualifies
himself or herself from acting under this paragraph, he or she shall
designate someone to act in his or her behalf. Conduct of a member
that is being inquired into by the State Bar but that is not the
subject of a formal investigation shall not be disclosed to the
public.
(3) The Chief Trial Counsel or his or her designee may waive
confidentiality pursuant to Section 6044.5.
(c) 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 member of the State Bar which is otherwise a matter of
public record, including civil or criminal filings and dispositions.

6086.2. All State Bar records pertaining to admissions, membership,
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 members of the State Bar, except to
the extent that disclosure is prohibited by law.

6086.5. The board of governors 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 governors pursuant to this chapter. In
these proceedings the State Bar Court may exercise the powers and
authority vested in the board of governors 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
governors within the scope of this chapter.
For the purposes of Sections 6007, 6043, 6049, 6049.2, 6050, 6051,
6052, 6077 (excluding the first sentence), 6078, 6080, 6081, and
6082, "board" includes the State Bar Court.
Nothing in this section shall authorize the State Bar Court to
adopt rules of professional conduct or rules of procedure.
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.

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 member 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.

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.
(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.

6086.8. (a) Within 20 days after a judgment by a court of this
state that a member 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 member 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 member 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.

6086.10. (a) Any order imposing a public reproval on a member of
the State Bar shall include a direction that the member 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 member shall pay costs. An order pursuant to this
subdivision is enforceable both as provided in Section 6140.7 and as
a money judgment.
(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 member 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) In the event an attorney is exonerated of all charges
following a formal hearing, he or she 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.

6086.13. (a) Any order of the Supreme Court imposing suspension or
disbarment of a member of the State Bar, or accepting a resignation
with a disciplinary matter pending may include an order that the
member 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.

6086.14. (a) The Board of Governors 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 governors 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 members, 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 members 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 Governors of the State Bar.

6086.15. (a) The State Bar shall issue an Annual Discipline Report
by April 30 of each year describing the performance and condition of
the State Bar discipline system. The report shall cover the previous
calendar year and shall include accurate and complete descriptions of
all of the following:
(1) The existing backlog of cases within the discipline system,
including, but not limited to, the number of complaints as of
December 31 of the preceding year that were pending beyond six months
after receipt without dismissal, admonition, or the filing of a
notice to show cause, and tables showing time periods beyond six
months and the number in each category and a discussion of the reason
for the extended periods.
(2) The number of inquiries and complaints and their disposition.
(3) The number and types of matters self-reported by members of
the State Bar pursuant to subdivision (o) of Section 6068 and
subdivision (c) of Section 6086.8.
(4) The number and types of matters reported by other sources
pursuant to Sections 6086.7 and 6086.8.
(5) The speed of complaint handling and dispositions by type.
(6) The number and types of filed notices to show cause and formal
disciplinary outcomes.
(7) The number and types of informal discipline outcomes,
including petitions to terminate practice, interim suspensions and
license restrictions, criminal conviction monitoring, letters of
warning, private reprovals, admonitions, and agreements in lieu of
discipline.
(8) A description of the programs of the State Bar directed at
assuring honesty and competence by attorneys.
(9) A description of the programs of the State Bar directed at
preventing acts warranting discipline.
(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.
(b) The Annual Discipline Report shall include statistical
information presented in a consistent manner for year-to-year
comparison and shall compare the information required under
subdivision (a) to similar information for the previous three years.
The report shall include the general data and tables included in the
previous reports of the State Bar Discipline Monitor where feasible.
(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.

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).

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 members 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 provision of 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.

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.