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In re Attroney Discipline System12/3/1998
s and will reconvene, with its newly elected members, in early December. Typically, during its initial brief organizational session at that time, the Legislature does not deal with substantive issues. Governor Wilson could call a special session (see Cal. Const., art. IV, ยง 3, subd. (b)), but at the hearing, counsel for the Governor confirmed that it is extremely unlikely that he would do so, and that he instead would defer to the next Governor. Moreover, given the timing of the start of the legislative session, and the swearing-in of the new Governor in early January, it is difficult to ascertain which entities could craft a compromise that would be enacted before January, 1999.
It has been suggested by some that the court wait to take action until after the Legislature reconvenes for business in January and the new Governor has been sworn in. Deferring action pending the reconvening of the Legislature and the new Governor's assumption of office might appear superficially similar to the action taken by the court in 1986 when, following adjournment of the Legislature without adoption of a dues bill, the State Bar requested that this court assess fees upon attorneys for 1987 in the same amount as imposed by statute for 1986. The current situation, however, is significantly distinct.
The first critical difference is that an entire year now has passed without a fee bill being in effect. In 1986, the court's deferral occurred at the end of a year in which fees already had been collected, and no layoffs or other restrictions on the bar's ability to perform its disciplinary and other responsibilities had occurred. Second, in 1986 the State Bar sought the full amount of dues previously imposed; in contrast, the amount now requested is only that necessary to support the basic disciplinary functions of the bar.
Furthermore, deferral would delay for substantial additional time -at a minimum one month, but likely far longer - the start of any restoration of a disciplinary system in the state. Should the Legislature and the Governor decide to establish a totally new system or to make major adjustments in the existing but largely nonfunctional one, the start-up time before the system would be able to handle complaints expeditiously will increase. Additional uncertainty and delays will mean further dispersal of the State Bar's disciplinary staff and additional difficulties in assembling a staff of employees capable of performing the necessary functions. The backlog of complaints will continue to grow, making it more difficult for the disciplinary system once in operation to handle the task of processing the backlog, to start up a complex organization, and to respond successfully to new complaints. According to its request filed on September 30, 1998, the layoffs in June 1998 resulting from the lack of a fee bill reduced the staff of the Office of the Chief Trial Counsel, which receives, investigates, and prosecutes disciplinary complaints, from 283 to 20 employees. Work was suspended on 4,459 open investigations. The bar closed its consumer complaint hotline, but, at this court's request, informed potential complainants that they could submit a written complaint that would be processed once the bar was able to process them. As of September 30, the bar had received 2,097 new written complaints. As the bar notes, this total of more than 6,000 pending complaints exceeds the 1985 backlog that generated widespread criticism. The State Bar Court similarly dismissed most of its employees and has suspended proceedings in all but a few pending or egregious matters. The State Bar Judges, who are appointed by this court, have been working for less than full salary. Protection of the public would continue to suf
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