Bill Text: CA SB1257 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Bar: admission: license: pro bono service requirement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1257 Detail]

Download: California-2015-SB1257-Amended.html

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BILL NUMBER: SB 1257	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 3, 2016

INTRODUCED BY   Senator Block

                        FEBRUARY 18, 2016

   An act to add Section 6060.1.5 to the Business and Professions
Code, relating to the State Bar Act.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1257, as amended, Block. State Bar: admission: license: pro
bono service requirement.
   Existing law, the State Bar Act, requires an applicant for
admission and a license to practice law, to meet certain
requirements, including, but not limited to, having completed certain
legal education in a law school, law office, or judge's chambers,
passed an examination in professional responsibility, and passed the
general bar examination. Existing law prohibits a person from
practicing law in this state unless he or she is an active member of
the State Bar.
   This bill would additionally require an applicant, prior to filing
an application for admission and a license to practice, to complete
at least 50 hours of supervised pro bono service, as specified, in
order to supplement the applicant's legal education with practical
legal work experience. Upon completion of the pro bono service
requirement, the bill would require an applicant to complete, sign,
and submit a form to the State Bar confirming completion of the pro
bono service.   service, and would authorize the
State Bar to create the form upon which an applicant can report
completion of pro bono service. The bill would require the State Bar
to randomly audit applicants to ensure completion of 50 hours of pro
bono service. The bill would provide that these provisions become
operative on January 1, 2018.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6060.1.5 is added to the Business and
Professions Code, to read:
   6060.1.5.  (a) In addition to satisfying the requirements in
Section 6060, irrespective of the manner or law school in which an
applicant acquires his or her legal education, an applicant for
admission and a license to practice shall complete at least 50 hours
of pro bono service prior to filing an application. The purpose of
this pro bono legal service is to supplement the applicant's legal
education with practical legal work experience.
   (b) The pro bono service shall be supervised by an active licensed
attorney in good standing.  Unless the service is completed
in California, the supervisor is not required to be licensed to
practice law in this state. 
   (c) For the purposes of this section, "pro bono service" means
work that does either of the following:
   (1) Assists in the provision of legal services without charge for
persons of limited means, not-for-profit organizations, or
individuals, groups, or organizations seeking to secure or promote
access to justice, including, but not limited to, the protection of
civil rights, civil liberties, or public rights.
   (2) Assists in the provision of legal assistance in public service
for a judicial, legislative, executive, or other governmental
entity.
   (d) Subject to subdivision (b), the 50 hours of pro bono service,
or any portion thereof, may be completed in any state or territory of
the United States, the District of Columbia, or any foreign country.

   (e) The 50 hours of pro bono service shall be provided after the
commencement of the applicant's legal studies, and prior to filing an
application for admission and a license to practice.
   (f) Upon completion of the pro bono service requirement, an
applicant shall complete a form describing the nature and dates of
pro bono service and the number of hours completed. Both the
applicant and the supervising attorney shall sign the form. The
applicant shall submit the signed form to the State Bar.
   (g) No applicant may satisfy any part of the 50-hour requirement
by participating in any partisan political activities. 
   (h) The State Bar may create the form upon which the applicant can
report completion of pro bono service.  
   (i) The State Bar shall randomly audit applicants to ensure
completion of 50 hours of pro bono service.  
   (j) This section shall become operative on January 1, 2018.