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 ASSEMBLY  MAY 31, 2016
	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,   admission,  to complete at least 50
hours of supervised pro bono  legal  service, as specified,
in order to supplement the applicant's legal education with practical
legal work experience. Upon completion of the pro bono  legal
 service requirement, the bill would require an applicant 
and the supervising attorney or active judge  to 
complete, sign, and submit   complete and sign  a
form  to the State Bar  confirming completion of the
pro bono  service, and   service. The bill
would require the State Bar to adopt rules for the submission and
retention of the certification   forms. The bill  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  legal  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  legal  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  legal  service shall be supervised by
an active licensed attorney in good standing.
   (c) For the purposes of this section, "pro bono  legal 
service" means work  that does either   without
compensation except for costs in the provision of legal service to
any  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.   A
  "legal aid organization" as defined by Section 6159.51.

   (2)  Assists in the provision of legal assistance in
public service for a judicial, legislative, executive, or other
governmental entity.   A nonprofit group or organization
seeking to secure or promote access to justice, including, but not
limited to, the protection of civil rights, civil liberties, or
public rights.  
   (3) A charitable, civic, community, governmental, or educational
organization in matters designed primarily to address the economic,
health, and social needs of persons who are indigent or of limited
means. 
   (d) Subject to subdivision (b), the 50 hours of pro bono 
legal  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.   country and may be
supervised by an attorney who is licensed to practice law or an
active judge in the jurisdiction where the service is completed.

   (e) The 50 hours of pro bono  legal  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.   admission. 
   (f) Upon completion of the pro bono  legal  service
requirement, an applicant shall complete a form describing the nature
and dates of pro bono  legal  service and the number of
hours completed. Both the applicant and the supervising attorney 
or active judge  shall sign the form.  The applicant
shall submit the signed form to the State Bar.   The
State Bar shall adopt rules for the submission to, and retention by,
the State Bar of the certification forms. 
   (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  legal  service.
   (i) The State Bar shall randomly audit applicants to ensure
completion of 50 hours of pro bono  legal  service.
   (j) This section shall become operative on January 1, 2018.