California Senate Bill SB1257 Amended / Bill

 BILL NUMBER: SB 1257AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 31, 2016 AMENDED IN SENATE MAY 3, 2016 INTRODUCED BY Senator Block FEBRUARY 18, 2016 An act to add Section 6060.1.5 to the Business and Professions Code, relating to the State Bar Act. LEGISLATIVE COUNSEL'S DIGEST SB 1257, as amended, Block. State Bar: admission: license: pro bono service requirement. Existing law, the State Bar Act, requires an applicant for admission and a license to practice law, to meet certain requirements, including, but not limited to, having completed certain legal education in a law school, law office, or judge's chambers, passed an examination in professional responsibility, and passed the general bar examination. Existing law prohibits a person from practicing law in this state unless he or she is an active member of the State Bar. This bill would additionally require an applicant, prior to  filing an application for admission and a license to practice,   admission,  to complete at least 50 hours of supervised pro bono  legal  service, as specified, in order to supplement the applicant's legal education with practical legal work experience. Upon completion of the pro bono  legal  service requirement, the bill would require an applicant  and the supervising attorney or active judge  to  complete, sign, and submit   complete and sign  a form  to the State Bar  confirming completion of the pro bono  service, and   service. The bill would require the State Bar to adopt rules for the submission and retention of the certification   forms. The bill  would authorize the State Bar to create the form upon which an applicant can report completion of pro bono service. The bill would require the State Bar to randomly audit applicants to ensure completion of 50 hours of pro bono  legal  service. The bill would provide that these provisions become operative on January 1, 2018. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6060.1.5 is added to the Business and Professions Code, to read: 6060.1.5. (a) In addition to satisfying the requirements in Section 6060, irrespective of the manner or law school in which an applicant acquires his or her legal education, an applicant for admission and a license to practice shall complete at least 50 hours of pro bono  legal  service prior to filing an application. The purpose of this pro bono legal service is to supplement the applicant's legal education with practical legal work experience. (b) The pro bono  legal  service shall be supervised by an active licensed attorney in good standing. (c) For the purposes of this section, "pro bono  legal  service" means work  that does either   without compensation except for costs in the provision of legal service to any  of the following: (1)  Assists in the provision of legal services without charge for persons of limited means, not-for-profit organizations, or individuals, groups, or organizations seeking to secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties, or public rights.   A   "legal aid organization" as defined by Section 6159.51.  (2)  Assists in the provision of legal assistance in public service for a judicial, legislative, executive, or other governmental entity.   A nonprofit group or organization seeking to secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties, or public rights.   (3) A charitable, civic, community, governmental, or educational organization in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.  (d) Subject to subdivision (b), the 50 hours of pro bono  legal  service, or any portion thereof, may be completed in any state or territory of the United States, the District of Columbia, or any foreign  country.   country and may be supervised by an attorney who is licensed to practice law or an active judge in the jurisdiction where the service is completed.  (e) The 50 hours of pro bono  legal  service shall be provided after the commencement of the applicant's legal studies, and prior to  filing an application for admission and a license to practice.   admission.  (f) Upon completion of the pro bono  legal  service requirement, an applicant shall complete a form describing the nature and dates of pro bono  legal  service and the number of hours completed. Both the applicant and the supervising attorney  or active judge  shall sign the form.  The applicant shall submit the signed form to the State Bar.   The State Bar shall adopt rules for the submission to, and retention by, the State Bar of the certification forms.  (g) No applicant may satisfy any part of the 50-hour requirement by participating in any partisan political activities. (h) The State Bar may create the form upon which the applicant can report completion of pro bono  legal  service. (i) The State Bar shall randomly audit applicants to ensure completion of 50 hours of pro bono  legal  service. (j) This section shall become operative on January 1, 2018.