Judiciary

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. Existing law requires the State Bar Court to order the involuntary inactive enrollment of a licensee whose default has been entered pursuant to the State Bar Rules of Procedure, as specified, if a notice containing certain language is duly served on the licensee. This bill would include findings and declarations by the Legislature relating to the history, governance, and responsibilities of the State Bar, and would specify that these provisions, and other provisions relating to the State Bar, are declaratory of existing law. The bill would delete the requirement that the notice contain certain language and would instead require the notice to contain specified provisions in clear, easily understandable language, in at least 12-point font, and in capital letters. The bill would preclude specified provisions of law relating to the State Bar from being construed to affect or alter the status of the State Bar, as described. Existing law subjects the State Bar and its meetings to the requirements of the Bagley-Keene Open Meeting Act and provides that the State Bar may hold closed session meetings for various purposes, including, among other things, matters relating to the Committee of Bar Examiners' consideration of moral character. This bill would expand the permissible grounds for a closed session meeting to include, among other things, the Committee of Bar Examiners' consideration of any matter that would disclose certain confidential information. Existing law requires the State Bar to collect, in conjunction with collection of its annual license fees, membership fees for the California Lawyers Association (CLA) if the Board of Trustees of the State Bar makes specified determinations. This bill would, until January 1, 2030, permit the State Bar to continue to collect fees for the CLA, provided that the Board of Trustees of the State Bar makes those specified determinations. The bill would also permit the State Bar, until January 1, 2030, to assist the CLA in transitioning to collect its own membership fees, provided that the CLA reimburses the State Bar for the costs of this assistance. Existing law permits, in the conduct of investigations relating to attorneys, the chief trial counsel or their designee to compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the investigation. This bill would permit the chief trial counsel or their designee to also compel, by subpoena, the attorney who is the subject of the investigation. Existing law requires the State Bar to assist the Sections of the State Bar, as specified, to incorporate as a private, nonprofit corporation, known as the CLA, a voluntary association that is not part of the State Bar. Existing law authorizes the State Bar to assist the CLA in gaining appointment to the American Bar Association House of Delegates. Existing law requires the State Bar and the CLA to enter into a memorandum of understanding regarding, among other things, providing low- and no-cost mandatory continuing legal education (MCLE) , expertise and information to the State Bar, and educational programs and materials to licensees and the public. Existing law requires the CLA to provide low-cost programs and materials by which licensees may satisfy their MCLE requirements. This bill would delete those provisions. The bill would instead authorize the State Bar to assist a voluntary association of attorneys in gaining appointment to the American Bar Association Houses of Delegates, and would authorize the State Bar to enter into a memorandum of understanding with a voluntary association of attorneys to provide low- and no-cost mandatory continuing legal education, expertise, and information to the State Bar, and educational programs and materials to licensees and the public. The bill would require a voluntary association of attorneys to provide low-costs programs and materials by which licensees may satisfy their MCLE requirements. The bill would make conforming changes. Existing law authorizes the State Bar to establish an examining committee, also known as the Committee of Bar Examiners, and makes the Committee of Bar Examiners responsible for the approval, regulation, and oversight of degree-granting unaccredited law schools that award the juris doctor (J.D.) professional degree in California and that are not approved by the American Bar Association or the Committee of Bar Examiners. This bill would prohibit any person or entity from referring to itself as a law school, or any similar name, in any firm name, trade name, fictitious business name, or on any advertisement, letterhead, business card, or sign, unless the person or entity awards the juris doctorate professional degree in California and is either approved by the American Bar Association, accredited by the Committee of Bar Examiners, or registered with the Committee on Bar Examiners. Existing law requires financial institutions, on or before each March 1, to electronically provide to the State Bar certain information for every client trust account actually known to the financial institution associated with an attorney's State Bar license number. This bill would expand those requirements to also include every interest on lawyer's trust account (IOLTA) . Existing law requires licensees of the State Bar, limited liability partnerships, or law corporations registered with the State Bar to provide to the State Bar all requested information pursuant to a request made as part of a compliance review or investigative audit. Existing law makes that information exempt from disclosure under the California Public Records Act. This bill would also make those provisions applicable to a request by the State Bar made as part of a disciplinary investigation. Existing law provides for an attorney to be disbarred or suspended for committing either a felony or misdemeanor involving moral turpitude. Existing law also requires the Office of the Chief Trial Counsel to, within a specified time, transmit to the California Supreme Court the record of any conviction of an attorney involving moral turpitude. This bill would expand the grounds for disbarment or suspension to include the conviction of any felony. The bill would also make conforming changes, including to the responsibilities of the Office of Chief Trial Counsel to transmit evidence of the relevant convictions to the California Supreme Court. Existing law requires the California Supreme Court, upon receipt of a certified copy of a record of certain convictions, to suspend an attorney until the time of appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or has otherwise become final, and until the further order of the court. This bill would require the California Supreme Court, upon receipt of a certified copy of a record of certain convictions, as specified, to suspend an attorney until the conviction has become final and until the further order of the court. The bill would also expand the scope of convictions under the laws of another state or territory that would constitute a felony for the purposes of these provisions. Existing law, until January 1, 2027, requires the board to charge an annual license fee of up to $400 for active licensees for 2026. Existing law, until January 1, 2027, and except as specified, requires the board to charge an annual license fee of up to $100 for inactive licensees. This bill would require the board to charge an annual license fee of up to $400 for active licensees for 2027. The bill would require the board to charge an annual license fee of up to $100 for inactive licensees. The bill would also require the State Bar to permit attorneys to file for inactive status through December 31 of the calendar year prior to becoming inactive. The bill would repeal these provisions on January 1, 2028. Existing law requires the board to administer a Client Security Fund to relieve or mitigate pecuniary losses caused by the dishonest conduct of licensees of the State Bar, among others. Existing law requires any licensee whose actions have caused the payment of funds to an applicant from the Client Security Fund to reimburse the Client Security Fund for all moneys paid out as a result of the licensee's conduct, plus interest and costs, as specified. Existing law requires the reimbursed amount, plus applicable interest and costs, to be added to the license fee of a publicly reproved or suspended licensee. This bill would remove the limitation that those provisions are applicable only to publicly reproved or suspended licensees and would thereby require the reimbursed amount, plus applicable interest and costs, to be added to the license fee of any licensee required to reimburse the Client Security Fund. The bill would make a failure to pay the Client Security Fund as part of the license fee a basis for suspension from the practice of law and would make payment to the Client Security Fund a condition of transfer of a licensee's status to an active status from a suspension, involuntary inactive enrollment, or voluntary inactive status. Existing law requires the CLA to adopt a dues schedule and to provide that schedule to the State Bar by October 1 of each year. Existing law specifies that membership in the CLA is voluntary and that the CLA is not part of the State Bar, however, existing law requires the State Bar to collect, in conjunction with its annual license fees, the membership fees for the CLA. This bill would repeal those provisions on January 1, 2030. Existing law requires the State Bar to provide offers of discounts and other benefits to licensees, including insurance and noninsurance affinity programs. Existing law authorizes the State Bar, if approved by the board and other specified entities, to transfer administration of those programs to Cal Bar Affinity, and specifies the manner of distribution of the revenue received from insurance and noninsurance affinity programs. This bill, commencing January 1, 2028, would instead authorize the State Bar, if approved by the board, to transfer financial administration of the programs offering discounts and other benefits to licensees to CalBar Connect, would require CalBar Connect to distribute revenue received from insurance and noninsurance affinity programs to California ChangeLawyers, and would require California ChangeLawyers to distribute a certain amount of that revenue in accordance with specified requirements. Existing law, upon the payment of the annual license fee, including any required costs and penalties, as specified, requires the board to direct the issuance of a certificate evidencing the payment to each licensee. This bill would delete those provisions relating to the issuance of a certificate evidencing the required payment. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Existing law requires a public guardian to apply for appointment as a guardian or conservator of the person, the estate, or the person and estate, if there is an imminent threat to a person's health or safety or the person's estate, there is no one else who is qualified and willing to act, as specified, the appointment would be in the best interests of the person, and the person is domiciled in the county. Existing law similarly requires a court to order a public guardian of a county to apply for appointment as a guardian or conservator if it appears that there is no one else who is qualified and willing to act, that the appointment as guardian or conservator appears to be in the best interests of the person, and the person is domiciled in the county. Existing law requires the public guardian to begin an investigation within 2 business days of receiving a referral for conservatorship or guardianship. This bill would require the public guardian to also acknowledge receipt of the referral within 2 business days and conclude the investigation within a reasonable period of time. For referrals for conservatorship, the bill would require the investigation to include a determination of whether or not a temporary or general conservatorship is warranted and would require the public guardian to inform the referring party of the investigation status upon request. By imposing new duties on the public guardian, a county officer, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law states that it is the intent of the Legislature to maintain an ongoing program of birth defects monitoring statewide, and requires the State Public Health Officer to maintain a system for the collection of information related to birth defects, as specified. Existing law requires the officer to require general acute care hospitals and physician-owned or physician-operated clinics that regularly provide services for the diagnosis or treatment of birth defects, genetic counseling, or prenatal diagnostic services to make available to the department the medical records of children suspected or diagnosed as having birth defects, as specified. Existing law authorizes the department to enter into a contract for the establishment and implementation of the birth defects monitoring program. This bill would state that it is additionally the intent of the Legislature to authorize local health jurisdictions to initiate and maintain programs to monitor birth conditions, as defined, that are present during the 12-month period after an individual's birth in their local health jurisdictions. The bill would authorize a local health officer to maintain a system for the collection of specified information within their local health jurisdiction related to birth conditions. The bill would authorize a local health officer to issue a written order to providers and laboratories, as specified, in addition to the facilities listed above, within their local health jurisdiction to either make available or to report to the local health department information related to birth conditions, as specified. Existing law limits access to confidential information related to birth defects to authorized program staff and persons with a valid scientific interest, as specified, and prohibits that information from being admissible, disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, as specified. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would expand the scope of the confidentiality provisions described above to include additional conditions, thereby prohibiting the use of additional information in criminal proceedings. Because that prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.

Existing law, in modified conformity with federal income tax laws, establishes a low-income housing tax credit program through which the California Tax Credit Allocation Committee allocates low-income housing tax credits aimed at providing affordable low-income housing within and throughout the state. Existing federal law sets limitations and guidelines regarding what projects are eligible for credits, including a requirement that an extended low-income housing commitment is in effect, and a prohibition against eviction except for good cause. This bill would specify, for housing projects where the low-income housing commitment requires 100% of the units, not including any manager's units, to be restricted to lower income households, as defined, that good cause for nonrenewal of a lease includes cases where the nonrenewal relates to a household whose income exceeds 140% of the area median income for at least 2 consecutive years and 30% of the household's monthly income exceeds the fair market rent, determined as specified. The bill would require an owner to provide notice of the potential of good cause for nonrenewal described above if the household's income exceeds 140% of the area median income during any income certification, as specified. The bill would also require an owner electing to not renew a lease as described above to issue a notice of nonrenewal describing the basis of good cause for nonrenewal at least 90 days prior to the expiration of the lease, as specified.

(1) The Automobile Sales Finance Act generally regulates motor vehicle conditional sale contracts. The act defines various terms for these purposes, including "cash price" to mean the amount for which the seller would sell and transfer to the buyer unqualified title to the motor vehicle described in the conditional sale contract, if the property were sold for cash at the seller's place of business on the date the contract is executed, and taxes to the extent imposed on the cash sale and the cash price of accessories or services related to the sale, including, among other things, a vehicle contract cancellation option agreement. The act requires a conditional sale contract to contain certain disclosures, including the amount charged for a contract cancellation option agreement. The act requires a seller to provide specified information to a buyer prior to the execution of a conditional sale contract, as specified, including a description and the price of a vehicle contract cancellation option agreement. This bill would remove a vehicle contract cancellation option agreement from the definition of "cash price." The bill would remove the requirement that a conditional sale contract disclose the amount charged for a contract cancellation option agreement. The bill would remove the requirement that the seller provide to a buyer prior to the execution of a conditional sale contract a description and the price of a vehicle contract cancellation option agreement. (2) Existing law defines "homestead" to mean a principal dwelling in which a judgment debtor or their spouse resided on the date the judgment creditor's lien attached to the dwelling and in which the judgment debtor or their spouse resided continuously thereafter until the date of a court determination that the dwelling is a homestead. Under existing law, a homestead is exempt from a sale to enforce a money judgment, except pursuant to a court order for sale if certain conditions are met. Existing law provides that the amount of a homestead exemption is the greater of (A) the countywide median price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed $600,000, or (B) $300,000. Beginning on January 1, 2022, existing law requires the amount of a homestead exemption to be adjusted annually for inflation, as specified. This bill would set the amount of a homestead exemption in the 2026 calendar year as the greater of (A) the "ceiling amount" of $746,350, or (B) the "floor amount" of $373,175. The bill would require those ceiling and floor amounts to be adjusted annually for inflation, beginning on January 1, 2027, by applying a multiplier produced by the change in the annual California Consumer Price Index (CPI) for All Urban Consumers, published by the Department of Industrial Relations, during the prior fiscal year. The bill would provide that the multiplier is calculated by dividing the CPI for the June ending the prior fiscal year by the CPI for the June immediately preceding the prior fiscal year. The bill would require each ceiling and floor amount that has been adjusted annually for inflation to be rounded to the nearest $25. (3) Existing law requires each party to a proceeding for dissolution of marriage or legal separation to serve on the other party a preliminary declaration of disclosure of assets, as specified, and a final declaration of disclosure, as specified. In the case of a default judgment, existing law prohibits a petitioner from being required to serve or receive a final declaration of disclosure, but still requires a preliminary declaration of disclosure, except as specified. This bill would provide that both parties are not required to exchange declarations of disclosure in a dissolution of marriage or registered domestic partnership if the parties have an existing enforceable judgment of legal separation that adjudicates the division of property. (4) This bill would correct various cross-references and make other technical changes.