SB253 - State Bar of California.

Senate Bill No. 253 CHAPTER 405 An act to amend Sections 6006, 6013.1, 6026.7, 6046.6, 6086.5, 6106.9, 6126.7, 6140, 6141, 6141.3, and 6173 of the Business and Professions Code, relating to attorneys. [ Approved by Governor October 06, 2025. Filed with Secretary of State October 06, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 253, Umberg. State Bar of California. Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. Existing law authorizes the State Bar to establish an examining committee, also known as the Committee of Bar Examiners, with powers that include examining all applicants for admission to practice law. Existing law, the Bagley-Keene Open Meeting Act, generally requires all meetings of a state body to be open and public. The State Bar Act makes the State Bar subject to the Bagley-Keene Open Meeting Act, with specified exceptions. The Bagley-Keene Open Meeting Act authorizes a state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body to hold an open meeting by teleconference if certain requirements are satisfied. This bill would specify that the Committee of Bar Examiners shall not be considered an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body for purposes of those provisions. Existing law prohibits the Committee of Bar Examiners from altering the bar examination in a manner that requires the substantial modification of the training or preparation required for passage of the examination, except after giving 2 years’ notice of that change, and requires the committee to communicate and cooperate with the Law School Council. This bill would prohibit the Committee of Bar Examiners from changing the vendor or creator of the multiple choice questions except after giving 18 months’ notice, except as specified, and would prohibit the Committee of Bar Examiners from authorizing a remote administration of the bar examination except after giving 2 years’ notice. The bill would require 120 days’ notice for specified alterations of the bar examination, including changes to the medium in which testing materials are provided. The bill would require the Committee of Bar Examiners to communicate and cooperate with the Law School Council and their deans, or their designees, of law schools accredited by the American Bar Association or the committee. The bill would require the Committee of Bar Examiners to give notice if artificial intelligence is used in creating questions for or grading the bar examination. The bill would authorize the use of scaling on the bar examination, as specified. Existing law, until January 1, 2026, requires the board of trustees of the State Bar to fix the annual license fee for active licensees for 2025 at a sum not exceeding $400, and, for the annual license fee for inactive licensees for 2025, a sum not exceeding $100. This bill, until January 1, 2027, would require the board to fix the annual license fee for active licensees for 2026 at a sum not exceeding $400, and the annual license fee for inactive licensees at a sum not exceeding $100. Existing law requires certain revenue received from specified noninsurance and insurance affinity programs offered to licensees of the State Bar to go to the California Lawyers Association or an affiliated 501(c)(3) organization to support their respective diversity, equity and inclusion, access to justice, and civil engagement efforts. Existing law prohibits the California Lawyers Association from creating, operating, participating in, or soliciting its members for any affinity or royalty program involving similar insurance or noninsurance products or services with a percentage or share of costs being distributed to the California Lawyers Association. This bill would require the California Lawyers Association or the affiliated 501(c)(3) organization to submit an annual report to the Legislature detailing their use of funds and a statement of compliance with the prohibition on creating, operating, or soliciting members for affinity or royalty programs involving similar products or services. Existing law prohibits a person who is not an attorney to literally translate from English into another language any words or titles that imply that the person is an attorney, and subjects the person to, among other things, a civil penalty payable to the State Bar. Existing law requires the State Bar to annually report the collection and expenditure of those funds for the preceding calendar year to the Assembly and Senate Committees on Judiciary. This bill would instead require the State Bar to annually report the collection and expenditure of those funds for the preceding fiscal year. Existing law requires the State Bar to create a program to certify alternative resolution firms, providers, or practitioners. Existing law requires the program to include different levels or tiers of certification of alternative dispute resolution firms, providers, or practitioners. Existing law requires the higher levels or tiers to be awarded to firms, providers, or practitioners that demonstrate a higher level of commitment to accountability and consumer protection based on criteria developed by the State Bar, and requires the levels or tiers to reference only specified standards of conduct. This bill would instead require higher levels or tiers to be awarded to firms, providers, or practitioners that demonstrate a high level of commitment to accountability and consumer protection based on criteria or other standards, including additional education or training, adopted by the State Bar, and would delete the provision requiring the levels or tiers to reference only specified standards of conduct. This bill would also delete obsolete provisions, update cross-references, and make other technical changes in various provisions of the act, including deleting a provision prohibiting inactive licensees from voting or holding office on the board. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 6006 of the Business and Professions Code is amended to read: 6006. (a) Active licensees who retire from practice shall be enrolled as inactive licensees at their request. (b) Inactive licensees are not entitled to practice law. Those who are enrolled as inactive licensees at their request may, on application and payment of all fees required, become active licensees. Those who are or have been enrolled as inactive licensees at their request are licensees of the State Bar for purposes of Section 15 of Article VI of the California Constitution. Those who are enrolled as inactive licensees pursuant to Section 6007 may become active licensees as provided in that section. (c) Inactive licensees have such other privileges, not inconsistent with this chapter, as the board of trustees provides. SEC. 2. Section 6013.1 of the Business and Professions Code is amended to read: 6013.1. (a) The Supreme Court shall appoint five attorney members of the board pursuant to a process that the Supreme Court may prescribe. These attorney members shall serve for a term of four years and may be reappointed by the Supreme Court for one additional term only. (b) The Supreme Court shall fill any vacancy in the term of, and make any reappointment of, any appointed attorney member. (c) When making appointments to the board, the Supreme Court should consider appointing attorneys that represent the following categories: legal services; small firm or solo practitioners; historically underrepresented groups, including consideration of race, ethnicity, gender, and sexual orientation; and legal academics. In making appointments to the board, the Supreme Court should also consider geographic distribution, years of practice, particularly attorneys who are within the first five years of practice or 36 years of age and under, and participation in voluntary local or state bar activities. (d) The State Bar shall be responsible for carrying out the administrative responsibilities related to the appointment process described in subdivision (a). SEC. 3. Section 6026.7 of the Business and Professions Code is amended to read: 6026.7. (a) The State Bar is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and all meetings of the State Bar are subject to the Bagley-Keene Open Meeting Act. (b) Notwithstanding any other law, the Bagley-Keene Open Meeting Act shall not apply to the Judicial Nominees Evaluation Commission or the State Bar Court. (c) In addition to the grounds authorized in the Bagley-Keene Open Meeting Act, a closed session may be held for those meetings, or portions thereof, relating to any of the following: (1) Appeals from decisions of the Board of Legal Specialization refusing to certify or recertify an applicant or suspending or revoking a specialist’s certificate. (2) The preparation of examination materials, the approval, the grading, or the security of test administration of examinations for certification of a specialist. (3) The preparation of examination materials, the approval, the grading, or the security of test administration of the California Bar Examination or the First-Year Law Students’ Examination. (4) Matters related to the Committee of Bar Examiners’ consideration of moral character, including allegations of criminal or professional misconduct, competence, or physical or mental health of an individual, requests by applicants for testing accommodations in connection with an application for admission to practice law, or appeals of the Committee of Bar Examiners’ determinations. (5) Information about a law school’s operations that constitutes a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code. (6) Matters related to the board’s consideration of waiving confidentiality related to records of disciplinary proceedings under subdivision (c) of Section 6086.1. (d) Notwithstanding subdivision (e) of Section 11125.7 of the Government Code, the State Bar shall accept public comment in open session on all matters that are agendized for discussion or decision by the board of trustees, whether in an open or a closed session. (e) The Committee of Bar Examiners shall not be considered an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body, as described in Section 11123.5 of the Government Code, for purposes of the Bagley-Keene Open Meeting Act. SEC. 4. Section 6046.6 of the Business and Professions Code is amended to read: 6046.6. (a) (1) (A) The Committee of Bar Examiners shall not alter the bar examination in a manner that requires the substantial modification of the training or preparation required for passage of the examination, except after giving two years’ notice of that change. (B) This requirement does not apply to a change in the bar examination that is applicable only at the option of the applicant. (2) The Committee of Bar Examiners shall not change the vendor or creator of the multiple choice questions except after giving 18 months’ notice of that change. This paragraph shall not apply to the vendor of multiple choice questions used for the July 2025 bar examination. (3) The Committee of Bar Examiners shall not authorize a remote administration of the bar examination except after giving two years’ notice of that change. (b) The Committee of Bar Examiners shall communicate and cooperate with the Law School Council and deans, or their designees, of law schools approved by the American Bar Association or the Committee of Bar Examiners. (c) Scaling may be used on the bar examination for the purpose of maintaining an examination of uniform difficulty from year to year. (d) (1) Any alteration to the bar examination that constitutes either of the following shall require at least 120 days notice: (A) Changes that affect the user experience with testing software. (B) Changes to the medium in which testing materials are provided. (2) The notice requirement shall not apply to updates to the software necessary for any of the following: (A) To satisfy bar examination security requirements. (B) To ensure compatibility with new or updates to operating systems, chipsets, or hardware. (C) To comply with web content accessibility guidelines or otherwise make the software more accessible. (D) To improve efficiency of the system architecture. (3) The notice requirement shall not apply to a change in the bar examination that is applicable only at the option of the applicant. (e) The Committee of Bar Examiners shall provide notice if artificial intelligence is used in creating questions for the bar examination or grading of the bar examination. (f) The changes made to subdivision (a) by the act that added this subdivision are to apply to any changes made from the July 2025 bar examination. SEC. 5. Section 6086.5 of the Business and Professions Code is amended to read: 6086.5. (a) The board of trustees shall establish a State Bar Court, to act in its place and stead in the determination of disciplinary and reinstatement proceedings and proceedings pursuant to subdivisions (b) and (c) of Section 6007 to the extent provided by rules adopted by the board of trustees pursuant to this chapter. In these proceedings the State Bar Court may exercise the powers and authority vested in the board of trustees by this chapter, including those powers and that authority vested in committees of, or established by, the board, except as limited by rules of the board of trustees within the scope of this chapter. (b) Access to records of the State Bar Court shall be governed by court rules and laws applicable to records of the judiciary and not the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) For the purposes of Sections 6007, 6050, 6052, and 6077 (excluding the first sentence), “board” includes the State Bar Court. (d) (1) Nothing in this section shall authorize the State Bar Court to adopt rules of professional conduct or rules of procedure. (2) The Executive Committee of the State Bar Court may adopt rules of practice for the conduct of all proceedings within its jurisdiction. These rules may not conflict with the rules of procedure adopted by the board, unless approved by the Supreme Court. SEC. 6. Section 6106.9 of the Business and Professions Code is amended to read: 6106.9. (a) It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to do any of the following: (1) Expressly or impliedly condition the performance of legal services for [Text truncated for display. Full text available on Congress.gov.]