Title 6 Governance
Related Content
Title 1 Global Provisions Title 2 Rights and Responsibilities of Licensees Title 3 Programs and Services Title 4 Admissions and Educational Standards Title 5 Discipline Title 7 JNE Rules and Miscellaneous ProvisionsRules of the State Bar, Title 6 Div. 1, 2, 3, 4
Title 6 includes rules on two topics, Meetings of the State Bar and Referendum to Entire Membership, that have not yet been revised to conform to the new organizational structure of the Rules of the State Bar.
Division 1. Board of Trustees
Chapter 1. Election of Trustees
Adopted July 2007
REPEALED
Title 6, Division 1, Chapter 1, Election of Trustees, is repealed pursuant to Senate Bill 36, effective January 1, 2018.
Chapter 2. General Authority of the Board
Adopted July 2007
Rule 6.20 Delegations, supervision, and control
All State Bar officers, agents, committees, commissions, and other entities have only the powers, duties, and authority delegated by the board and are subject to its supervision and control. Notwithstanding any delegation, the board reserves authority over all matters pertaining to the State Bar(1), including whether actions or positions taken by a State Bar officer, agent, committee, commission, or other entity are consistent with State Bar policies.
Rule 6.20 adopted effective May 16, 2008.
Rule 6.21 Public communications
Unless expressly authorized by the board or the Rules of the State Bar, a State Bar officer, agent, committee, commission, or other entity must not
(A) act, or purport to act, speak or purport to speak for the State Bar;
(B) make any public communication on behalf of the State Bar; or
(C) circularize, poll, or put to the vote of all or a substantial number of licensees of the State Bar any matter on which the State Bar has acted or is empowered to act.
Rule 6.21 adopted effective May 16, 2008; amended effective January 25, 2019.
1 Business & Professions Code, §§ 6010, 6025 and 6030.
Chapter 3. State Bar Districts
Adopted July 2007
REPEALED
Title 6, Division 1, Chapter 1, Election of Trustees, is repealed pursuant to Senate Bill 36, effective January 1, 2018.
Chapter 4. Responsibilities of Officers
Adopted July 2007
Rule 6.40 President
(A) The President
supervises, directs and controls the officers of the State Bar;
appoints board committees, their chairs and liaisons to State Bar committees;
appoints a Board Executive Evaluation Committee, of which the President is an ex-officio member;
manages the performance of the Executive Director in accordance with board goals and objectives;
facilitates board discussion and action on State Bar policy; and
makes public statements as appropriate regarding State Bar policy, position and work, with related reports to the board as required by law(1).
(B) Other duties of the President are as the board prescribes and as provided by law(2).
Rule 6.40 adopted effective May 16, 2008.
Rule 6.41 Vice-Presidents, Treasurer
(A) A Vice-President, when acting in the absence or disability of the President, has all the duties and powers of the President. A Vice-President, when designated by the President, may preside at a specific meeting of the board or a portion of the meeting. Other duties of the Vice-Presidents are as the board prescribes.
(B) The duties of the Treasurer are as the board prescribes.
Rule 6.41 adopted effective May 16, 2008.1 of 2
Rule 6.42 Secretary
(A) The Secretary must keep at the main office of the State Bar a record of minutes of all meetings and actions of the board and board committees.
(B) The Secretary must give notice of all meetings of the State Bar and the board as required under these rules.
(C) For all board and board committee meetings, the Secretary, in consultation with the President,
prepares and distributes the agenda, agenda items, committee action summaries and inventories; and
sets deadlines for the distribution of agenda items.
(D) The Secretary must keep the State Bar seal, having the words and figures “The State Bar of California – July 29, 1927”, in safe custody at the main office of the State Bar, unless otherwise ordered by the board.
(E) Other duties of the Secretary are as the board prescribes.
Rule 6.42 adopted effective May 16, 2008.
1 Bus. & Prof. Code § 6026. This rule is from Art. III, §1D of the Rules and Regulations.
2 Bus. & Prof. Code § 6024.
Division 2. Meetings
Chapter 1. Meetings of the Board of Trustees
Adopted July 2007
Rule 6.57. Repealed.
This chapter shall remain in effect only until April 1, 2016, and as of that date is repealed. Beginning April 1, 2016, meetings of the Board of Trustees and its committees will be subject to the Bagley-Keene Open Meeting Act, as required by Business and Professions Code section 6026.7, and Business and Professions Code section 6026.5.
Chapter 2. Meetings of the State Bar Committees
Adopted July 2007
This chapter shall remain in effect only until April 1, 2016, and as of that date is repealed. Beginning April 1, 2016, meetings of entities appointed by the Board of Trustees will be subject to the Bagley-Keene Open Meeting Act, as required by Business and Professions Code section 6026.7, and Business and Professions Code section 6026.5.
Division 3. Conflicts of Interest
[Reserved]
Division 4. Miscellaneous
Adopted July 2007
Rule 6.91 Offices of the State Bar of California
(A) Unless otherwise ordered by the board, the main office of the State Bar must be maintained in San Francisco and a branch office in Los Angeles.
(B) A petition, notice, or other document required by these rules to be filed with the State Bar or served on the board must be filed at the main office.
Rule 6.91 adopted effective May 16, 2008.
ARTICLE V. MEETINGS OF THE STATE BAR
Section 1. Annual Meetings
The Annual Meeting of the State Bar shall be held between May 1st and December 1st of each year, at any place within the State of California, the exact date and place to be determined by the Board of Trustees, made at least 60 days prior to the date of such annual meetings; provided, however, that during war or other national emergency the determination of the exact date and place of the annual meeting may be made by the board at any time which is at least 20 days prior to the date of such annual meeting.
Section 1 revised effective January 25, 2019.
Section 2. Notice of Annual Meeting
Notice of the annual meeting shall state the time and place for the holding of such meeting, and shall be given the licensees of the State Bar by publication thereof in the official publication of the State Bar at least thirty days prior to such meeting; provided, however, that during war or other national emergency such notice may be given by publication at least 15 days prior to such meeting.
Section 2 revised effective January 25, 2019.
Section 3. Special Meetings
A. Special meetings of the State Bar may be called by the secretary as follows:
(1) Upon a majority vote of the Board of Trustees present at any meeting of said board;
(2) Upon written request of eight members of the Board of Trustees;
(3) Upon written request of five hundred active licensees of the State Bar.
B. If the secretary shall not act upon such request within five days after receipt of the same, the special meeting may be called by any active licensee of the State Bar designated by eight members of the Board of Trustees or by five hundred active licensees of the State Bar making request therefor.
C. Special meetings may consider only such matters as are set forth in the call of the meeting; provided, however, that the Board of Trustees may call special meetings of the State Bar to consider generally all or any legislation to be introduced or pending before the Legislature, or awaiting executive approval.
Section 3 revised effective January 25, 2019.
Section 4. Notice of Special Meeting
Notice of a special meeting shall state the time and place of the holding of such meeting, and shall be given to the licensees of the State Bar either by mail or by publication thereof in the official publication of the State Bar at least five days prior to such meeting. Said notice shall state generally the matters to be considered at the special meeting and shall be signed by the secretary, or in case of his or her failure to act by the person designated as provided for in section 3, of this article.
Section 4 revised effective January 25, 2019.
Section 5. Quorum
Two hundred active licensees of the State Bar shall constitute a quorum at any annual or special meeting of the State Bar; provided, however, that twenty active licensees of the State Bar shall constitute a quorum at any annual meeting held during war or other national emergency if the Board of Trustees shall determine prior to such annual meeting that conditions are such that only twenty active licensees should be required for a quorum.
Section 5 revised effective January 25, 2019.
Section 6. Annual Program
The Board of Trustees shall provide a suitable program for each Annual Meeting of the State Bar.
Section 6 revised effective January 25, 2019.
Section 7. Action at Annual Meeting
The reports of such committees of the State Bar, as may be submitted by the Board of Trustees, and all matters of interest pertaining to the administration of justice may be considered, debated, and acted upon at the annual meeting; provided, however that, except as to matters submitted by the Board of Trustees and reports of officers of the State Bar and courtesy resolutions of thanks and appreciation, or unless otherwise ordered by the board, no matter shall be considered, debated or acted upon unless a proposed resolution embodying the same has been filed with the Secretary of the State Bar at least 60 days before the date set for the opening of the meeting. Resolutions shall be in substantially the following form: Resolved that licensees of the State Bar of California in the (year) Annual Meeting assembled recommended to (or advise) the Board of Trustees that . . . ."Resolutions not filed in such form shall be revised by the secretary to conform to this rule or promptly returned by him or her to the person filing the same with a statement for the reason of the return. Notice of resolutions filed for consideration at the annual meeting shall be published by the secretary in the official publication of the State Bar not later than the last issue immediately preceding the month in which the annual meeting shall be held and the secretary shall have copies of the resolutions available at the time and place of the annual meeting for licensees in attendance.
Section 7 revised effective January 25, 2019.
Section 8. Parliamentary Rules
Proceedings at any meeting of the State Bar shall be governed by “Roberts' Rules of Order, Revised.” Unless otherwise permitted by a majority affirmative vote, discussion from the floor upon any proposition at any business session of the annual meeting or at any special meeting of the State Bar shall be limited as follows:
A. The proponent may have not to exceed five minutes to open and not to exceed five minutes to close his or her argument.
B. Any other speaker may have not to exceed five minutes, no speaker, other than the proponent, shall speak more than once, and the proponent shall not speak more than twice.
ARTICLE IX. REFERENDUM TO ALL LICENSEES
Section 1. Referendum
The Board of Trustees may order any question, whether or not action thereon has been taken at the annual meeting, referred to a vote by all licensees of the State Bar. Those present at the annual meeting may, by a two-thirds vote, direct the Board of Trustees to take a referendum upon any matter presented or acted upon at such meeting. Whenever the Board of Trustees is directed to take a referendum or whenever the board directs any question referred to a vote by all licensees of the State Bar, the secretary shall prepare a questionnaire containing the matters upon which such vote is to be taken, and such questionnaire shall be submitted by the secretary to each licensee in such form that each licensee can vote thereon and return the same to the secretary.
Section 1 revised effective January 25, 2019.