(a) State Bar to maintain the roll of attorneys
The State Bar must maintain, as part of the official records of the State Bar, a roll of attorneys, which is a list of all persons admitted to practice in this state. Such records must include the information specified in Business and Professions Code section 6002.1 and 6064 and other information as directed by the Supreme Court.
(Subd (a) amended effective January 1, 2019; adopted as unlettered subdivision effective May 1, 1996; previously amended effective January 1, 2007; previously lettered effective June 1, 2007.)
(b) Annual State Bar recommendation for one-time expungement of suspension for nonpayment of license fees
The State Bar is authorized to transmit to the Supreme Court on an annual basis the names of those licensees who meet all of the following criteria, along with a recommendation that their public record of suspension for nonpayment of license fees be expunged:
(1) The licensee has not on any previous occasion obtained an expungement under the terms of this rule or rule 9.31;
(2) The suspension was for 90 days or less;
(3) The suspension ended at least seven years before the date of the submission of the licensee's name to the Supreme Court;
(4) The licensee has no other record of suspension or involuntary inactive enrollment for discipline or otherwise.
(Subd (b) amended effective January 1, 2019; adopted effective June 1, 2007; previously amended effective August 1, 2017.)
(c) Records to be maintained by State Bar
Upon order of the Supreme Court of expungement of a licensee's record under (b) of this rule, the State Bar will remove or delete the record of such suspension from the licensee's public record. Notwithstanding any other provision of this rule, the State Bar must maintain such internal records as are necessary to apply the terms of (b) of this rule and to report to the Commission on Judicial Nominees Evaluation or appropriate governmental entities involved in judicial elections the licensee's eligibility for a judgeship under the California Constitution, article VI, section 15.
(Subd (c) amended effective January 1, 2019; adopted effective June 1, 2007.)
(d) Duty of disclosure by licensee
Expungement of a licensee's suspension under (b) of this rule will not relieve the licensee of his or her duty to disclose the suspension for purpose of determining the licensee's eligibility for a judgeship under the California Constitution, article VI, section 15. For all other purposes the suspension expunged under (b) of this rule is deemed not to have occurred and the licensee may answer accordingly any question relating to his or her record.
(Subd (d) amended effective January 1, 2019; adopted effective June 1, 2007.)
(e) Authorization for the Board of Trustees of the State Bar to adopt rules and regulations
The Board of Trustees of the State Bar is authorized to adopt such rules and regulations as it deems necessary and appropriate in order to comply with this rule.
(Subd (e) amended effective August 1, 2017; adopted effective June 1, 2007.)
(f) Inherent power of Supreme Court
Nothing in this rule may be construed as affecting the power of the Supreme Court to exercise its inherent power to direct the State Bar to expunge its records.
(Subd (f) adopted effective June 1, 2007.)
Rule 9.8 amended effective January 1, 2019; adopted as rule 950.5 by the Supreme Court effective May 1, 1996; previously amended and renumbered as rule 9.6 effective January 1, 2007; previously amended effective June 1, 2007, and August 1, 2017; previously renumbered effective January 1, 2018.
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