AB 590 California Assembly · 2009-2010 Regular Session

Legal aid.

Summary
(1) The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law provides that it is the duty of an attorney to, among other things, never reject, for any consideration personal to himself or herself, the cause of the defenseless or oppressed. Existing law provides that a lawyer may fulfill his or her ethical commitment to provide pro bono services, in part, by providing financial support to organizations providing free legal services to persons of limited means. This bill would state the intent of the Legislature to encourage the legal profession to make further efforts to meet its professional responsibilities and other obligations by providing pro bono legal services and financial support of nonprofit legal organizations that provide free legal services to underserved communities. This bill would prohibit a person or organization that is not a specified type of legal aid organization, as defined, from using the term "legal aid," or any confusingly similar name in any firm name, trade name, fictitious business name, or other designation, or on any advertisement, letterhead, business card, or sign. The bill would subject a person or organization that violates this prohibition to specified civil liability. This bill would, commencing July 1, 2011, and subject to funding specifically provided for this purpose, require the Judicial Council to develop one or more model pilot projects in selected courts for 3-year periods pursuant to a competitive grant process and a request for proposals. The bill would provide that legal counsel shall be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in those courts selected by the Judicial Council, as specified. The bill would provide that each project shall be a partnership between the court, a qualified legal services project that shall serve as the lead agency for case assessment and direction, and other legal services providers in the community who are able to provide the services for the project. The bill would require the lead legal services agency, to the extent practical, to identify and make use of pro bono services in order to maximize available services efficiently and economically. The bill would provide that the court partner is responsible for providing procedures, personnel, training, and case management and administration practices that reflect best practices, as specified. The bill would require a local advisory committee to be formed to facilitate the administration of the local project and to ensure that the project is fulfilling its objectives. The bill would require the Judicial Council to conduct a study to demonstrate the effectiveness and continued need for the pilot program, and to report its findings and recommendations to the Governor and the Legislature on or before January 31, 2016. (2) Existing law sets the fees at $25 or $30 for various court services, including, but not limited to, issuing a writ for the enforcement of an order or judgment, issuing an abstract of judgment, recording or registering any license or certificate, issuing an order of sale, and filing and entering an award under the Workers' Compensation Law. This bill would provide, from July 1, 2011, to June 30, 2017, inclusive, that $10 of each fee collected pursuant to these provisions shall be used by the Judicial Council for the expenses of the Judicial Council in implementing and administering the civil representation pilot program described in (1) above. Commencing July 1, 2017, the bill would reduce each of those fees by $10.
Bill status signed all 5 stages cleared
Introduction
Feb 2009
Committee Review
Aug 2009
Assembly Passage
Jun 2009
Senate Passage
Sep 2009
Signed into Law
Oct 2009
Introduced Feb 25, 2009 Signed Oct 11, 2009
Floor votes · Senate Sep 9, 2009 · Assembly Jun 1, 2009

How they voted

2111
Passed · 4 other
Total votes 36
Sep 9, 2009
D Democratic23
20 Yea 3
86% Yea
R Republican13
1 Yea 11 Nay 1
84% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
38
Key actions
12
Committee
14
Amendments
6
Oct 11, 2009
Signed into law
Approved by the Governor.
legislature
Sep 10, 2009
Lower · Passed
Senate amendments concurred in. To enrollment. (Ayes 52. Noes 26. Page 3293.)
lower
Sep 10, 2009
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 9, 2009
Senate · Passed
Senate Vote: pass (21-11-4)
senate
Aug 31, 2009
Upper · Passed
From committee: Do pass. (Ayes 8. Noes 5.) (August 27).
upper
Aug 25, 2009
Upper · Passed
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 1.) (August 24).
upper
Aug 24, 2009
Committee
Re-referred to Com. on JUD. pursuant to Senate Rule 29.10.
upper
Aug 24, 2009
Committee
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
upper
Jul 15, 2009
Upper · Passed
From committee: Do pass. (Ayes 3. Noes 2.) (July 14).
upper
Jul 6, 2009
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 30, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 24, 2009
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 11, 2009
Committee
Referred to Com. on JUD.
upper
Jun 1, 2009
Assembly · Passed
Assembly Vote: pass (37-24-1)
assembly
May 29, 2009
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 5.) (May 28).
lower
May 20, 2009
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
May 4, 2009
Committee
Re-referred to Com. on APPR.
lower
Apr 30, 2009
Lower · Passed
Read second time and amended.
lower
Apr 29, 2009
Introduced
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 21).
lower
Mar 16, 2009
Committee
Re-referred to Com. on JUD.
lower
Mar 12, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 12, 2009
Committee
Referred to Com. on JUD.
lower
Feb 26, 2009
Lower · Passed
From printer. May be heard in committee March 28.
lower
1 primary · 1 co-sponsor

Sponsors