California Business and Professions Code 6086.1 – (a) (1) Subject to subdivision (b), and except as otherwise …
(a) (1) Subject to subdivision (b), and except as otherwise provided by law, hearings and records of original disciplinary proceedings in the State Bar Court shall be public, following the filing of a notice of disciplinary charges.
(2) Subject to subdivision (b), and except as otherwise provided by law, hearings and records of the following matters shall be public:
Terms Used In California Business and Professions Code 6086.1
- Allegation: something that someone says happened.
- 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
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(A) Filings for involuntary inactive enrollment or restriction under subdivision (a), (c), (d), or (e) of Section 6007.
(B) Petitions for reinstatement under Section 6078.
(C) Proceedings for suspension or disbarment under Section 6101 or 6102.
(D) Payment information from the Client Security Fund pursuant to Section 6140.5.
(E) Actions to cease a law practice or assume a law practice under Section 6180 or 6190.
(b) All disciplinary investigations are confidential until the time that formal charges are filed and all investigations of matters identified in paragraph (2) of subdivision (a) are confidential until the formal proceeding identified in paragraph (2) of subdivision (a) is instituted. These investigations shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). This confidentiality requirement may be waived under any of the following exceptions:
(1) The licensee whose conduct is being investigated or has been investigated consents to a public announcement or disclosure.
(2) (A) The Chief Trial Counsel, with the written concurrence of the chair of the board, may waive confidentiality, but only if both of the following are met:
(i) Disclosure is warranted for protection of the public and the provisions of subdivision (c) are inadequate for the protection of the public.
(ii) It is determined that disclosure is necessary to prevent an immediate harm to the public, including, but not limited to, ongoing fraud, theft, or embezzlement.
(B) Under the circumstances in this paragraph, after private notice to the licensee, the Chief Trial Counsel or chair of the board may issue, if appropriate, one or more public announcements or make information public generally or to specified individuals or entities. Any disclosure made under this paragraph shall include a statement defending the right of the licensee to a fair hearing and shall be limited to doing some or all of the following:
(i) Confirming the fact of an investigation or proceeding.
(ii) Providing a brief factual summary to identify the subject matter of the investigation or proceeding.
(iii) Providing the status of the investigation or proceeding.
(C) If the Chief Trial Counsel or chair of the board for any reason self-disqualifies from acting under this paragraph or is otherwise unavailable to act under this paragraph, the Chief Trial Counsel or chair of the board shall designate someone to act on their behalf.
(3) The Chief Trial Counsel or Chief Trial Counsel’s designee may waive confidentiality pursuant to Section 6044.5.
(c) (1) Notwithstanding the confidentiality of investigations, the board may vote to waive confidentiality, but only when warranted for protection of the public. The board shall hold a meeting under this subdivision in closed session.
(A) The board shall provide a licensee whose confidential information is being considered for disclosure five days’ notice of the fact that the board will be meeting to consider waiving confidentiality and that the licensee may, in advance of the meeting, submit a written statement to the board for the board’s consideration at the meeting. The licensee shall not be permitted to attend the closed session meeting of the board.
(B) When assessing whether to waive confidentiality and to what extent the board shall, at a minimum:
(i) Apply a presumption in favor of maintaining confidentiality.
(ii) Consider the extent to which the allegations or issues involved in the investigation are generally known to the public.
(iii) Consider the gravity of the underlying allegation and potential for continued harm to the public.
(iv) Consider the potential for harm to the reputation of the licensee.
(C) All materials for the board’s consideration pursuant to this subdivision, including the written statement from the licensee, shall be confidential and not disclosed as a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(2) If the board votes to waive confidentiality pursuant to paragraph (1) and only after complying with the requirements in paragraph (3), the Chief Trial Counsel or chair of the board may issue, if appropriate, one or more public announcements or make information public generally or to specified individuals or entities. Any disclosure under this paragraph shall include a statement defending the right of the licensee to a fair hearing and shall be limited to doing some or all of the following:
(A) Confirming the fact of an investigation or proceeding.
(B) Providing a brief factual summary to identify the subject matter of the investigation or proceeding.
(C) Providing the status of the investigation or proceeding.
(3) Before making any public announcements pursuant to paragraph (2), the State Bar shall provide notice to the licensee via email at the address shown on the licensee’s registration records of the State Bar and via United States mail to the physical address shown on the licensee’s registration records of all of the following:
(A) The fact that the board has voted to waive confidentiality.
(B) A description of the information that may be disclosed to the public.
(C) That the licensee has five business days from the date of the notice to notify the State Bar that they are contesting the release of the information.
(d) (1) A licensee may file a motion with the State Bar Court to prevent the State Bar from disclosing information pursuant to subdivision (c). The motion shall be filed within seven court days from the date of the notice issued to the licensee under paragraph (3) of subdivision (c).
(2) If a licensee files a motion under paragraph (1) the proceeding shall be afforded priority on the State Bar Court calendar, and the court shall issue a ruling within 10 court days from the filing of the motion.
(3) The State Bar shall adopt procedures to enact the provisions of this subdivision via the rulemaking process.
(4) All hearings on motions pursuant to this subdivision shall be confidential.
(e) Notwithstanding the confidentiality of investigations, the State Bar shall disclose to any member of the public so inquiring, any information reasonably available to it pursuant to subdivision (o) of Section 6068, and to Sections 6086.7, 6086.8, and 6101, concerning a licensee of the State Bar that is otherwise a matter of public record, including civil or criminal filings and dispositions.
(Amended by Stats. 2023, Ch. 697, Sec. 17. (SB 40) Effective January 1, 2024.)