CA SB 253

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Description

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. Existing law authorizes the State Bar to establish an examining committee, also known as the Committee of Bar Examiners, with powers that include examining all applicants for admission to practice law. Existing law, the Bagley-Keene Open Meeting Act, generally requires all meetings of a state body to be open and public. The State Bar Act makes the State Bar subject to the Bagley-Keene Open Meeting Act, with specified exceptions. The Bagley-Keene Open Meeting Act authorizes a state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body to hold an open meeting by teleconference if certain requirements are satisfied. This bill would specify that the Committee of Bar Examiners shall not be considered an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body for purposes of those provisions. Existing law prohibits the Committee of Bar Examiners from altering 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 2 years' notice of that change, and requires the committee to communicate and cooperate with the Law School Council. This bill would prohibit the Committee of Bar Examiners from changing the vendor or creator of the multiple choice questions except after giving 18 months' notice, except as specified, and would prohibit the Committee of Bar Examiners from authorizing a remote administration of the bar examination except after giving 2 years' notice. The bill would require 120 days' notice for specified alterations of the bar examination, including changes to the medium in which testing materials are provided. The bill would require the Committee of Bar Examiners to communicate and cooperate with the Law School Council and their deans, or their designees, of law schools accredited by the American Bar Association or the committee. The bill would require the Committee of Bar Examiners to give notice if artificial intelligence is used in creating questions for or grading the bar examination. The bill would authorize the use of scaling on the bar examination, as specified. Existing law, until January 1, 2026, requires the board of trustees of the State Bar to fix the annual license fee for active licensees for 2025 at a sum not exceeding $400, and, for the annual license fee for inactive licensees for 2025, a sum not exceeding $100. This bill, until January 1, 2027, would require the board to fix the annual license fee for active licensees for 2026 at a sum not exceeding $400, and the annual license fee for inactive licensees at a sum not exceeding $100. Existing law requires certain revenue received from specified noninsurance and insurance affinity programs offered to licensees of the State Bar to go to the California Lawyers Association or an affiliated 501(c) (3) organization to support their respective diversity, equity and inclusion, access to justice, and civil engagement efforts. Existing law prohibits the California Lawyers Association from creating, operating, participating in, or soliciting its members for any affinity or royalty program involving similar insurance or noninsurance products or services with a percentage or share of costs being distributed to the California Lawyers Association. This bill would require the California Lawyers Association or the affiliated 501(c) (3) organization to submit an annual report to the Legislature detailing their use of funds and a statement of compliance with the prohibition on creating, operating, or soliciting members for affinity or royalty programs involving similar products or services. Existing law prohibits a person who is not an attorney to literally translate from English into another language any words or titles that imply that the person is an attorney, and subjects the person to, among other things, a civil penalty payable to the State Bar. Existing law requires the State Bar to annually report the collection and expenditure of those funds for the preceding calendar year to the Assembly and Senate Committees on Judiciary. This bill would instead require the State Bar to annually report the collection and expenditure of those funds for the preceding fiscal year. Existing law requires the State Bar to create a program to certify alternative resolution firms, providers, or practitioners. Existing law requires the program to include different levels or tiers of certification of alternative dispute resolution firms, providers, or practitioners. Existing law requires the higher levels or tiers to be awarded to firms, providers, or practitioners that demonstrate a higher level of commitment to accountability and consumer protection based on criteria developed by the State Bar, and requires the levels or tiers to reference only specified standards of conduct. This bill would instead require higher levels or tiers to be awarded to firms, providers, or practitioners that demonstrate a high level of commitment to accountability and consumer protection based on criteria or other standards, including additional education or training, adopted by the State Bar, and would delete the provision requiring the levels or tiers to reference only specified standards of conduct. This bill would also delete obsolete provisions, update cross-references, and make other technical changes in various provisions of the act, including deleting a provision prohibiting inactive licensees from voting or holding office on the board.