The State Bar seeks public comment on amendments to the Rules of Procedure that will eliminate the bar on eligibility for the Alternative Discipline Program (ADP) for attorneys whose misconduct involved moral turpitude. Other proposed changes will clarify the rules for the ADP and give the State Bar Court greater flexibility over the timing of the evaluation process.
Deadline: July 24, 2025, 11:59 p.m. (45 days)
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.
The ADP is a State Bar Court (SBC) program for attorneys whose misconduct is linked to substance use or mental health issues. To qualify, an attorney must stipulate to facts and legal conclusions with the Office of Chief Trial Counsel (OCTC), subject to SBC approval. The court sets a low level of discipline to be recommended if the attorney completes the program, and a higher level if not. Participants must complete treatment through the Lawyer Assistance Program (LAP) and meet other court-imposed requirements.
Currently, attorneys whose misconduct involved moral turpitude are ineligible for the ADP. The State Bar’s LAP Oversight Committee conducted a review of this restriction. It found that inconsistent application of the term moral turpitude delays evaluations and creates barriers to participation. The proposed changes remove this restriction while requiring minimum sanctions in such cases. Other revisions clarify procedures and allow more flexibility in referrals.
The ADP supports public protection and attorney recovery. However, the current bar on participation in the ADP for misconduct involving moral turpitude often causes disputes, delays, and limited access.
The amendments remove “moral turpitude” from rule 5.382(C)(3) (renumbered 5.382(C)(4)) and revise rule 5.384(B) to require a recommended actual suspension unless there are compelling mitigating factors, in which case a stayed or actual suspension is required.
Other changes clarify that attorneys may not enter the ADP until an SBC proceeding has been initiated, and that new matters may not be added until a Notice of Disciplinary Charges is filed or a criminal conviction is referred to the Hearing Department. The 45-day referral deadline in rule 5.381(B) is removed.
If a case returns to standard proceedings, findings under rule 5.382(C)(1), (3), or (4) based on stipulated facts cannot be used in later hearings or trials. Additional clarifying edits are also proposed.
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Board of Trustees Sitting as the Regulation and Discipline Committee
July 24, 2025, 11:59 p.m.
Proposed Changes to the Rules of Procedure Regarding the Alternative Discipline Program