The State Bar of California will hold a public comment period on the proposed new rules which would see California join the rest of the US in obligating attorneys to report misconduct by other attorneys.
The State Bar has previously consulted on a rule to implement misconduct reporting, Amendment 8.3, which was returned after a consultation period in January 2023. This amendment will now be put to the public for a second consultation period with an alternative option. The initial amendment 8.3, or Alternative 1, is deemed by some to be too narrow and is narrower than the current ABA guidelines and other jurisdictions. Alternative 2 therefore is identical to Alternative 1, except it expands the type of conduct that must be reported.
Both alternatives, as well as significant background and comment are available to read below.