Proposed New Case Processing Standards

Proposed New Case Processing Standards

The State Bar seeks public comment on new time standards for processing complaints about attorneys.

Deadline: September 6, 2022

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.

Background

The State Bar of California is responsible for receiving, investigating, and prosecuting complaints filed against California attorneys. On average, the State Bar handles about 15,000 cases each year. Under current law, the State Bar is supposed to complete its investigation and either charge or close a case within 180 days of receiving a complaint for standard cases and 365 days for complex cases.

Each year, the State Bar has a significant backlog of cases that have not been processed according to these standards, and the State Bar has been criticized for taking too long to investigate and prosecute cases. Last year, the Legislature directed the State Bar to develop new time standards and propose staffing levels necessary to complete most cases within those time standards.

Discussion/proposal

Based on the Legislature’s direction, in an effort to improve case processing times, the State Bar is proposing new time standards that take into account the following factors:

  • How the discipline process works: Different standards apply for cases closed or charged at each of three stages—Intake (initial review of complaints); Investigation (gathering information and evidence for complaints not closed in Intake); and Charging (doing any final investigation and drafting the Notice of Disciplinary Charges for complaints not closed in Investigation).
  • Case complexity: Different standards apply complex cases that will take longer to investigate because they involve multiple charges, require the gathering and analysis of large numbers of documents such as bank or court records, or require other investigative steps that will take significant time.
  • Case risk level: Different standards apply for investigations of higher-risk cases. High-risk cases include those involving vulnerable victims, significant risk of loss or other harm, or attorneys whose prior history of discipline suggests that they are likely to repeat misconduct.

To develop its new proposed standards, the State Bar also considered:

The State Bar has developed new preliminary standards shown below. Your input is sought on these preliminary standards. Do they make sense to you?

Case stage and category How long it takes now on average in days [1] How long the State Bar is proposing it take on average in days [2]
Intake 42 30
Investigation–High Risk/Noncomplex 167 120
Investigation–Low Risk/Noncomplex 197 150
Investigation–High Risk/Complex 248 180
Investigation–Low Risk/Complex 307 210
Charging 433 300

[1] Average days to closure or charging based on actual case data over four years (2018–2021). For example, for high-risk/noncomplex cases, over the last four years the average time from receipt of the complaint to closure in investigation was 167 days.

[2] Proposed standard for average days to closure or charging, with an assumption that staffing levels will be adjusted to enable the State Bar to meet these standards. For example, for high-risk/noncomplex cases, the proposed time standard would be an average time from receipt of complaint to closure in investigation of 120 days.

Any fiscal/personnel impact

Not Applicable

Background material
Source

Regulation and Discipline Committee

Deadline

September 6, 2022

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.