Report 2022-030 Recommendation 9 Responses

Report 2022-030: The State Bar of California's Attorney Discipline Process: Weak Policies Limit Its Ability to Protect the Public From Attorney Misconduct (Release Date: April 2022)

Recommendation #9 To: Bar of California, State

To ensure that State Bar staff do not inappropriately close cases against attorneys on the conflict list, the State Bar should create a formal process by October 2022 for determining whether it is able to objectively assess whether such a complaint should be closed or whether the decision should be made by an independent administrator. The State Bar should document this assessment in its case files for each case against an attorney on the conflict list.

60-Day Agency Response

OCTC issued a new policy directive, effective June 1, 2022, implementing procedures that require investigators and attorneys to perform conflict checks and enter the results of those conflict checks into the case management system both at the time of assignment and prior to closure. The policy requires that if a potential conflict is identified, it is referred up the supervisory chain, and to the Special Deputy Trial Counsel as necessary, to resolve the potential conflict.

• Completion Date: June 2022
• Response Date: June 2022

California State Auditor's Assessment of 60-Day Status: Fully Implemented

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All Recommendations in 2022-030

Agency responses received are posted verbatim.