Report 2015-047 Recommendation 2 Responses

Report 2015-047: The State Bar of California: Its Lack of Transparency Has Undermined Its Communications With Decision Makers and Stakeholders (Release Date: May 2016)

Recommendation #2 To: Bar of California, State

To ensure that it maximizes its cost-recovery efforts related to the Client Security Fund, the State Bar should adopt a policy to file for money judgments against disciplined attorneys for all eligible amounts as soon as possible after courts settle the discipline cases.

Annual Follow-Up Agency Response From July 2019

After reviewing a cost-effectiveness of filing judgments for the purpose of debt collection, the Board of Trustees adopted a policy to file superior court judgments only in cases where property owned by the debtor is identified.

California State Auditor's Assessment of Annual Follow-Up Status: Resolved

The State Bar made a policy decision to not file money judgments for all eligible amounts unless it identifies existing property owned by the disciplined attorney. The State Bar determined that filing money judgments for all discipline cases is not cost effective. However, the State Bar also began participating in the Franchise Tax Board's Court Ordered Debt Program in 2019, which it expects will improve collection results.


Annual Follow-Up Agency Response From October 2018

The State Bar has implemented a protocol for filing judgments for all eligible cases, and has assigned dedicated staff to this activity. We are in the process of evaluating the cost-effectiveness of this work, and will implement a written policy by the end of the year.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

The State Bar asserts that it is now filing judgments for all eligible cases, however, it has not provided us with an adopted policy to file for money judgments for all eligible amounts as soon as possible after courts settle discipline cases.


1-Year Agency Response

The State Bar is filing judgments for all eligible cases. Dedicated staff have been assigned to this activity.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

The State Bar asserts that it is now filing judgments for all eligible cases, however, it has not provided us with an adopted policy to file for money judgments for all eligible amounts as soon as possible after courts settle discipline cases.


6-Month Agency Response

No change from previous submission.

California State Auditor's Assessment of 6-Month Status: Pending


60-Day Agency Response

Under the direction of the State Bar's General Counsel, dedicated staff are now addressing a backlog of judgment filings covering a several year period during which the Bar had put such work on a hiatus; while the State Auditor's recommendation may in fact be appropriate, a cost benefit analysis of the current effort should be conducted prior to adoption of a policy regarding universal judgment filing.

California State Auditor's Assessment of 60-Day Status: Pending


All Recommendations in 2015-047

Agency responses received are posted verbatim.