California Business and Professions Code 6079.5 – (a) The board shall appoint a lawyer admitted to practice in …
(a) The board shall appoint a lawyer admitted to practice in California to serve as chief trial counsel. He or she shall be appointed for a term of four years and may be reappointed for additional four-year periods. He or she shall serve at the pleasure of the board. He or she shall not engage in private practice. The State Bar shall notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of a chief trial counsel.
The appointment of the chief trial counsel is subject to confirmation by the Senate, and the time limits prescribed in § 1774 of the Government Code for Senate confirmation and for service in office are applicable to the appointment.
Terms Used In California Business and Professions Code 6079.5
- board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oversight: Committee review of the activities of a Federal agency or program.
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
He or she shall report to and serve under the Regulation, Admissions, and Discipline Oversight Committee of the Board of Trustees of the State Bar or its successor committee on attorney discipline, and shall not serve under the direction of the chief executive officer.
(b) The chief trial counsel shall have the following qualifications:
(1) Be an attorney licensed to practice in the State of California, be in good standing and shall not have committed any disciplinary offenses in California or any other jurisdiction.
(2) Have a minimum of five years of experience in the practice of law, including trial experience, with law practice in broad areas of the law.
(3) Have a minimum of two years of prosecutorial experience or similar experience in administrative agency proceedings or disciplinary agencies.
(4) Have a minimum of two years of experience in an administrative role, overseeing staff functions.
The board may except an appointee from any of the above qualifications for good cause upon a determination of necessity to obtain the most qualified person.
On or after July 1, 1987, the chief trial counsel may, as prescribed by the Supreme Court, petition the court for a different disposition of a matter than the recommendations of the review department or the board to the court.
(Amended by Stats. 2011, Ch. 417, Sec. 39. (SB 163) Effective January 1, 2012.)