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Rule 9.9.5.      Attorney Fingerprinting

 

(a)     Subsequent arrest notification

 

(1)     The State Bar must enter into a contract with the California Department of Justice for subsequent arrest notification services for attorneys whose license is on active status with the State Bar (“active licensed attorneys”) and attorneys permitted to practice in the State of California pursuant to rules 9.44, 9.45, and 9.46 of the California Rules of Court (“special admissions attorneys”).

 

(2)     The State Bar must consider those active licensed attorneys and special admissions attorneys for whom it is already receiving subsequent arrest notification services as having satisfied the fingerprinting requirement of this rule and thereby exempt.  The State Bar must adopt a procedure for notification of all attorneys as to whether they have been deemed to have already satisfied the requirement.

 

(b)     Active licensed attorneys

 

Each active licensed attorney, with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted for the purpose of obtaining criminal offender record information regarding state and federal level convictions and arrests from the Department of Justice and the Federal Bureau of Investigation.  These fingerprints will be retained by the Department of Justice for the limited purpose of subsequent arrest notification.

 

(c)     Inactive licensed attorneys

 

An attorney whose license is on inactive status with the State Bar (“inactive licensed attorneys”), with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted prior to being placed on active status for the purposes described in (b) of this rule.

 

(d)     Active licensed attorneys in foreign countries

 

Active licensed attorneys who are residing outside the United States and required to submit fingerprints under this rule should have their fingerprints taken by a licensed fingerprinting service agency and submit the hard copy fingerprint card to the State Bar.  If fingerprinting services are not provided in the jurisdiction where the attorney is physically located, or the attorney is able to provide evidence that he/she is unable to access or afford such services, the attorney must notify the State Bar pursuant to the procedure identified by the State Bar.  The attorney will be exempt from providing fingerprints until he or she returns to the United States for a period of not less than 60 days.

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(e)     Special admissions attorneys

 

Attorneys permitted to practice in the State of California pursuant to rules 9.44, 9.45, and 9.46 of the California Rules of Court, with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted for the purpose of obtaining criminal offender record information regarding state and federal level convictions and arrests from the Department of Justice and the Federal Bureau of Investigation.  These fingerprints will be retained by the Department of Justice for the limited purpose of subsequent arrest notification.

 

(f)      Implementation schedule and penalty for noncompliance

 

(1)     The State Bar must develop a schedule for implementation that requires all attorneys subject to fingerprinting under (b) of this rule to be fingerprinted by December 1, 2019.  The State Bar must develop a schedule for implementation that requires all special admissions attorneys subject to fingerprinting under (e) of this rule to be fingerprinted by the renewal of their application to practice law in the State of California.

 

(2)     The State Bar has ongoing authority to require submission of fingerprints after December 1, 2019 for attorneys for whom it is not receiving subsequent arrest notification services and for attorneys transferring to active status.  Failure to be fingerprinted if required by this rule may result in involuntary inactive enrollment pursuant to Business and Professions Code section 6054, subdivision (d).

 

(3)     The State Bar has ongoing authority to require submission of fingerprints after December 1, 2019, for special admissions attorneys for whom it is not receiving subsequent arrest notification services.  Failure to be fingerprinted if required may result in a State Bar determination that the attorney cease providing legal services in California.

 

(g)     Information obtained by fingerprint submission; disclosure limitations

 

Any information obtained by the State Bar as a result of fingerprint submission under this rule must be kept confidential and used solely for State Bar licensing and regulatory purposes.

 

(h)     Fingerprint submission and processing costs

 

(1)     Except as described in (h)(2), all costs incurred for the processing of fingerprints for the State Bar, including print furnishing and encoding, as required by Business and Professions Code section 6054, must be borne by the licensed attorney or special admissions attorney.

 

(2)     The State Bar must develop procedures for granting waivers of the processing costs of running Department of Justice and Federal Bureau of Investigation background checks for licensed attorneys with demonstrable financial hardship.

 

(i)      Attorneys who are physically unable to be fingerprinted

 

(1)     If the Department of Justice makes a determination pursuant to Penal Code section 11105.7 that any attorney required to be fingerprinted under this rule is presently unable to provide legible fingerprints, the attorney will be deemed to have complied with the fingerprinting requirements of this rule.

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(2)     Attorneys required to be fingerprinted under this rule may also submit notification to the State Bar that they are unable to submit fingerprints due to disability, illness, accident, or other circumstances beyond their control.  The State Bar must evaluate the notification and may require additional evidence.  If the State Bar determines that the attorney is unable to submit fingerprints based on the information provided, the attorney will be deemed to have complied with the fingerprinting requirements of this rule.

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(3)     A determination of deemed compliance under (i)(1) and (i)(2) will apply only to those attorneys who are unable to supply legible fingerprints due to disability, illness, accident, or other circumstances beyond their control and will not apply to attorneys who are unable to provide fingerprints because of actions they have taken to avoid submitting their fingerprints.

 

 

June 7 from 5:00pm to 9:00pm

1851 East 1st Street, Suite 1600 Santa Ana, CA 92705  

Welcoming: Hon. Frederick P. Aguirre, Ret., Hon. Thierry P. Colaw, Ret., Ed Fernandez, Esq., Hon. Steven Perk, Ret., and Hon. Clay Smith, Ret.
RSVP to susi@judicatewest.com.

Invitation to Apply for OCBA

Board of Directors &

Office of Secretary 

Qualified individuals are now being sought to run for open seats on the Orange County Bar Association’s Board of Directors for three-year terms beginning January 1, 2019. 

Nominations are being accepted for three seats for Directors At Large. All active attorney OCBA members are eligible to run for the Director At Large seats on the Board, regardless of the location of their principal office.

Nominations are also being accepted for the Office of Secretary. The individual elected as Secretary will serve a one-year term in that office beginning January 1, 2019. This is a multi-year commitment. Following their year as Secretary, the individual will be expected to continue to serve on the Executive Committee in the following capacities: Treasurer (2020), President-Elect (2021), President (2022), and Immediate Past President (2023).

Applications should be submitted to the OCBA Nominating Committee, c/o OCBA, P.O. Box 6130, Newport Beach, CA  92658 or e-mailed to mocampo@ocbar.org. All nominations must be received no later than 5:00 p.m. on Monday, June 25, 2018. The application form is attached and is also available online at www.ocbar.org. The Nominating Committee, chaired by President-Elect Deirdre Kelly, will meet in July to select the slate of candidates for the OCBA election in the fall.

Deadline:  All nominations must be received by 5:00 p.m., Monday, June 25, 2018

DOWNLOAD FORM

Comments sought:
 
The Advisory Committee on Criminal Jury Instructions has approved and posted for public comment the latest cycle of proposed revisions, additions, and deletions to the criminal jury instructions (CALCRIM). The committee is very interested in your input.
 
The proposed changes are at this link:   http://www.courts.ca.gov/policyadmin-invitationstocomment.htm. Only these currently proposed changes and additions are being submitted for comment at this time. We will gladly accept other comments, but the committee will not be able to consider them until the next release cycle.
 
Our preferred way of receiving your comments is in a Word file attached to an e-mail sent to kara.portnow@jud.ca.gov. However, you may also respond online.  And we have also posted a comment form that you may use to comment on individual instruction or groups of instructions. Please do NOT comment by Reply All to this e-mail.
 
Comments by letter should be sent to:
 
Ms. Kara Portnow, Attorney
Judicial Council of California
Advisory Committee on Criminal Jury Instructions
455 Golden Gate Avenue
San Francisco, CA 94102
 
The deadline for receiving comments is Friday, June 22, 2018 at 5:00 p.m.
The committee will review all comments and make recommendations to the Judicial Council's Rules and Projects Committee and then to the full council. Comments received will become part of the public record of the council's action.
 
When submitting comments, please:
Indicate whether you agree with the proposal, would agree with the proposal if it is modified, or do not agree with the proposal.
Clearly identify the specific language in the instruction that you are commenting on.
Suggest alternative language, if appropriate.
Provide any applicable authority for your position.
 
We encourage your comments and critique because they help us refine both the particular instructions and the more global choices about format and approach.  We appreciate your participation in this effort.
 
On behalf of the Advisory Committee on Criminal Jury Instructions
Hon. René Auguste Chouteau, Chair
 
Kara Portnow, Staff Attorney: Advisory Committee on Criminal Jury Instructions
Legal Services | Leadership Services Division
Judicial Council of California
455 Golden Gate Avenue, San Francisco, CA 94102-3688
415-865-4961 kara.portnow@jud.ca.gov | www.courts.ca.gov

Please click on the link below to access the Notice from the Clerk regarding amended local rules effective June 1, 2018.

https://www.cacd.uscourts.gov/news/amended-local-rules-effective-june-1-2018

2018 HNBA LGBT DIVISION
Inaugural Public Interest Scholarship
DEADLINE: May 15th, by 5:00 PM EST

HOW TO APPLY
1. Fill out the application HERE.
2. Send application & supporting materials directly to:
Gabriel Zorogastua at gzorogastua@polsinelli.com
with copies to Javier Vargas at: jvargas@courts.state.ny.us
and Marjorie Soto at: marjoriesoto87@gmail.com
*All applications must be received by May 15th at 5:00 PM EST

DONATE TO THE FUND
If you would like to donate to the LGBT Division Scholarship Fund, please click HERE.

In celebration of the 10th Anniversary of the establishment of the HNBA’s LGBT Section, the HNBA LGBT Division announced the launch of the LGBT Division Public Interest Scholarship Program at the 2018 Corporate Counsel Conference in San Francisco, CA. Applications are now open!

“The leadership displayed by LGBT Division Chair Raquel Matas in establishing this scholarship exemplifies this year’s theme of ‘Vision in Action’,” stated HNBA National President Erica V. Mason. “In less than 6 months, we were able to take the idea for the scholarship program from concept to fully-funded for the 2018 scholarship year, demonstrating, once again, what we can accomplish when we are all working towards a common goal. Thank you to everyone who worked tirelessly to create and fund this program in such a short period of time, and to all that have contributed thus far. This scholarship is a wonderful way to commemorate the LGBT Division’s 10th Anniversary, and represents an important step in the Division’s legacy of promoting the advancement of Latinx LGBTQ lawyers and advocacy on behalf of the Latinx LGBTQ Community. I encourage our members to contribute to this fund!”

About the Division: The mission of the HNBA LGBT Division is to monitor and ADVOCATE for legal issues affecting the Hispanic LGBT community; EDUCATE the HNBA and others on legal issues facing the Hispanic LGBT community; and PROMOTE the expertise, advancement, and empowerment of Hispanic LGBT legal professionals. In addition to programming and Division meetings through the year, in conjunction with the HNBA Corporate Counsel Conference or Annual Convention each year, the Division hosts its Annual LGBT Division Latinx Legal Professionals Summit. The purpose of the Summit is to: (i) discuss issues of concern within the Latinx LGBT legal professional community and broader community; and (ii) develop advocacy strategies to address them.

LGBT DIVISION PUBLIC INTEREST SCHOLARSHIP

This scholarship will provide up to $5000.00 in financial assistance to law students or recent law school graduates who are or will become members of the HNBA, and who will be performing public interest work (advocacy, policy, and/or direct legal services) with a direct impact on Latinx LGBTQ individuals during their 2018 Summer (current law students) or 2018 Summer/Fall (recent law grads). 

It is the goal of the LGBT Division Scholarship Program that scholarship recipients attend the Annual LGBT Latinx Legal Professionals Summit and contribute substantively by reporting on the work in which they were engaged during the summer and/or fall, respectively.

One or more scholarships of up to $5000 each will be awarded annually, beginning in 2018, subject to the availability of funds and the recommendation of the Division’s Scholarship Committee. 

CRITERIA
To be eligible, the applicant must:

(i) be either a first, second or third year law student in good standing in an ABA accredited law school, or a recent law graduate (having received the degree within 12 months of the application date);

(ii) have secured an internship or placement for Summer 2018 (which can extend beyond the Summer) or the fall of 2018 (for a recent law graduate) with a public interest organization engaged in legal, advocacy, or policy work with a direct impact on Latinx LGBTQ individuals.

DEADLINE TO APPLY: May 15th, by 5:00 PM EST
Applicants will be evaluated on the strength of their complete application and supporting materials, academic record, and demonstrated commitment to improve the legal and social standing of the Hispanic community, including Latinx LGBTQ individuals. Every effort will be made to award two scholarships and to reflect diversity in the award recipients.
Persons with disabilities are encouraged to apply.

Comments sought:
 
This e-mail is to inform you that a new proposal has been posted to the California Courts website, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

• Judicial Administration: Judicial Branch Contracting Manual (JBCM)

• Invitation to Comment No: SP18-10
  

You are welcome to distribute this within your court and to any other interested parties. The deadline for comment is 5:00 p.m., Monday, May 7, 2017.
 
If you have any questions, please contact Benita Downs, at benita.downs@jud.ca.gov, or at 415-865-7957.

Comments sought:
 
Three (3) new proposals to amend the California Rules of Court, Judicial Council forms and legislation have been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm.
 
The attached list provides a summary of the proposals and contains direct links to each individual proposal. You are welcome to distribute this to any other interested parties. The deadline for comment is 5:00 p.m., Friday, June 8, 2018.
 
If you have any questions, please contact Benita Downs, at benita.downs@jud.ca.gov, or at 415-865-7957.

Comments sought:
 
The Judicial Council’s Rules and Projects Committee has approved the circulation for comment of a proposal entitled “Judicial Administration: Public Disclosure of Settlement Agreements.” This proposal would amend California Rules of Court, rule 10.500 on public administrative records to clarify that settlement agreements must be disclosed in response to public records requests and that the names of judicial officers may not be redacted from settlement agreements produced in response to these requests.
 
The proposal to amend rule 10.500 is available for viewing on the internet at:  http://www.courts.ca.gov/policyadmin-invitationstocomment.htm. The proposal is being circulated on a special expedited cycle so that it can be presented to the Judicial Council at its May 24, 2018 meeting.
 
The deadline for receiving comments is Tuesday, May 1, 2018 at 5:00 p.m.
 
All comments will be reviewed by the Rule 10.500 Working Group, which will make recommendations to the Judicial Council's Rules and Projects Committee and then to the full council. Comments received will become part of the public record of the council's action.
 
When submitting comments, please indicate whether you agree with the proposal, would agree with the proposal if it is modified, or do not agree with the proposal.
 
We encourage your comments and appreciate your participation in this effort.
 
On behalf of the Rule 10.500 Working Group
Hon. Marsha G. Slough, Chair

Please click on the links below to access the Notice from the Clerk regarding the matter of the reappointment of Magistrate Judges Sheri Pym and Michael R. Wilner.  

Thank you.

http://www.cacd.uscourts.gov/news/public-notice-intent-consider-reappointment-united-states-magistrate-judge-sheri-pym

http://www.cacd.uscourts.gov/news/public-notice-intent-consider-reappointment-united-states-magistrate-judge-michael-r-wilner