On Tuesday, November 19, 2024, Reuters reported that the State Bar of California has taken a significant step toward reforming its attorney discipline system. The bar’s board has endorsed a plan to expunge disciplinary records after eight years, which means that infractions would no longer be visible on attorneys’ profiles on the state bar’s website. This initiative aims to address longstanding racial disparities in attorney discipline and provide a fresh start for lawyers who have faced disciplinary actions.
A 2019 study commissioned by the State Bar revealed that Black male attorneys, who represent only 1% of California’s lawyer population, were over three times more likely to face probation compared to their white counterparts. In light of these findings, a subsequent committee formed by the state bar recommended changes to the current discipline system, suggesting that attorney records should be automatically expunged, albeit within a shorter timeframe than the proposed eight years.
Under the new plan, expungement will not apply to disbarment cases, which will remain publicly accessible. Eligibility for expungement will be limited to attorneys who have not encountered any further disciplinary actions in the preceding eight years. The board’s decision to advance this proposal to the California Supreme Court for final approval reflects a move towards aligning California’s policies with those of other states, as well as with the state’s regulations concerning other professions such as medicine and real estate.
However, the proposal has faced considerable criticism during the public comment period. Out of 445 comments received, 74% opposed the change, particularly among non-attorney members of the public. Critics argue that expunging disciplinary records could undermine transparency and accountability, making it more challenging for individuals to make informed choices when selecting legal representation.
In contrast, attorneys expressed more support for the proposal, with 69% of legal professionals either fully supporting it or endorsing it with modifications. Many argued that the opportunity for expungement could motivate lawyers to maintain clean records.
California, with approximately 176,000 licensed attorneys, has the second-largest legal population in the U.S., trailing only New York. The State Bar estimates that around 2,353 attorneys would qualify for expungement under the new guidelines. The proposal aims to strike a balance between accountability and the chance for professional redemption, according to State Bar Board Chairman Brandon Stallings.
Source: Reuters
