The State Bar seeks public comment regarding a proposed change to Rule 5.46 of the Rules of Procedure of the State Bar regarding Disqualification of a judge
Deadline: 5 p.m., July 30, 2018
Rule 5.46 sets forth the procedure for filing a motion to disqualify a State Bar Court judge. The current rule states that the Presiding or supervising Judge shall appoint “another” judge if there is a disqualification. This has led to confusion as to whether the Presiding or Supervising Judge can appoint themselves. The amendment changes “another” to “a judge other than the challenged judge” to clarify.
On May 17, 2018, the Regulation and Discipline Committee of the Board of Trustees authorized a 60-day public comment period for a proposed amendment to Rules of Procedure of the State Bar.
This proposal, if adopted, would make clear that the presiding judge or supervising judge are among the judges eligible to be appointed to replace a disqualified judge.
Following the public comment period, the proposed rules and any comments received will be reviewed by the Board of Trustees during its September 2018 meeting.
No negative fiscal or personnel impact is anticipated.
Summary memo, with redline and clean version of rules attached.
Regulation and Discipline Committee
5 p.m., July 30, 2018
Antonia G. Darling The State Bar Court 180 Howard St. San Francisco, CA 94105 Phone: 415-538-2233 Email: sbcrulescomment@calbar.ca.gov Please reference the specific rule number and title in your comments.
Proposed Change to California Rule of Procedure 5.46