PLEASE NOTE: Publication for public comment is not, and shall not, be construed as a recommendation or approval by the Board of Trustees of the materials published
Proposed amendments to rules 5-110 and 5-220 of the Rules of Professional Conduct of the State Bar of California.
By statute, the Board of Trustees (“Board”) has the authority to adopt amendments to the Rules of Professional Conduct of the State Bar of California that are binding upon all members of the State Bar once those rules are approved by the California Supreme Court. (Business and Professions Code sections 6076 and 6077.) The Board has assigned the Commission for the Revision of the Rules of Professional Conduct (“Commission”) to conduct a study of the Rules of Professional Conduct and to recommend comprehensive amendments. It is anticipated that this project will be completed by March 31, 2017.
Proposed amended rules 5-110 and 5-220 address the duties of government lawyers, including a criminal prosecutor. In particular, proposed rule 5-110 states that it is the responsibility of a criminal prosecutor to make timely disclosure to the defense of exculpatory information. At its November 20, 2015 meeting, the Board considered a Commission request to authorize proposed amended rules 5-110 and 5‑220 of the Rules of Professional Conduct for a 90-day public comment period, and that the processing of these proposed amendments be prioritized and handled separately from the Commission’s comprehensive proposed amendments to the Rules of Professional Conduct anticipated to be completed by March 31, 2017.
After the conclusion of the 90-day public comment period, which included a public hearing on February 3, 2016, the Commission met on March 31 and April 1, 2016 to consider all of the public comments received. In response to the public comments, the Commission further revised proposed rule 5-110 (see Attachment 1) and, at the Board’s May 13, 2016 meeting, the Board authorized an additional 45-day public comment period to seek input on these changes. The Commission did not make any changes to proposed rule 5-220 (see Attachment 2). The Commission’s report and recommendation submitted to the Board is provided as Attachment 3.
Comments may be sent in writing to the address below or submitted online to: Public Comment Form
None.
Commission for the Revision of the Rules of Professional Conduct of the State Bar of California.
July 1, 2016
Audrey Hollins Office of Professional Competence, Planning and Development State Bar of California 180 Howard St. San Francisco, CA 94105-1639 Phone: 415-538-2167 Fax: 415-538-2171 E-mail: audrey.hollins@calbar.ca.gov
Proposed amendments to rules 5-110 and 5-220 of the Rules of Professional Conduct