State Bar Court Of California
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State Bar Court Of California
The State Bar Court of California serves as the administrative arm of the California Supreme Court in the adjudication of disciplinary and regulatory matters involving California attorneys. Although it is not formally a court of record, its judges are subject to admonition, censure, removal, or retirement by the Supreme Court upon the same grounds as provided for judges of courts of record in the state of California. The Court holds adversarial hearings between attorneys accused of misconduct and the Office of Chief Trial Counsel of the California State Bar. Background and Composition The State Bar Court judges are nominated by a variety of individuals and bodies. Two of its five hearing judges are appointed by the California Supreme Court, and the remaining three are each selected by the Governor, Speaker of the Assembly and Senate Committee on Rules in turn; these judges constitute the Hearing Department, which is the trial level of the State Bar Court. The State Bar Court's ...
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California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California j ...
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Attorney Misconduct
Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, or having sex with a client. The advent of electronic record-keeping and "e-discovery" has also resulted in a record number of attorney sanctions for a range of abuses from failure to produce to the leaking of sealed documents. In a case highlighting such abuses, in 2007 plaintiffs in a pharmaceutical lawsuit were found to conspire with attorneys and journalists to publicize protected discovery documents defying a judge's protective order. Legal malpractice is a separate concept such as when an attorney fails to adequately, professionally ...
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Court Of Record
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal). In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedin ...
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California State Bar
The State Bar of California is California's official attorney licensing agency. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially distributing sums paid through attorney trust accounts to fund nonprofit legal entities. It is directly responsible to the Supreme Court of California, however, its Trustees are now appointed by the Supreme Court, the California Legislature, and Governor of California. All attorney admissions are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court. Attorney discipline is handled by the State Bar Office of Chief Trial Counsel, which acts as prosecutor before the State Bar Court of California. The State Bar was legally established on July 29, 1927, when the State Bar Act went into effect."Introductory: The Genesis and Development of the State Ba ...
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Governor Of California
The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constitution of California, the governor's responsibilities also include making the annual State of the State address to the California State Legislature, submitting the budget, and ensuring that state laws are enforced. The position was created in 1849, the year before California became a state. The current governor of California is Democrat Gavin Newsom, who was inaugurated on January 7, 2019. Gubernatorial elections, oath, and term of office Qualifications A candidate for governor must be a U.S. citizen and a registered voter within the state, must not have been convicted of a felony involving bribery, embezzlement, or extortion, and must not have served two terms since November 6, 1990. Election and oath of Governor Governors are elected by popular ballot and se ...
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Speaker Of The California State Assembly
The following is a list of speakers of the California State Assembly. It does not number those individuals who served abbreviated terms or those who served during an extraordinary session called by the Governor of California for a narrowly-defined agenda. List * The First California Legislature was nonpartisan. * Estee was also a Republican, but he was elected to the term in which he was Speaker as an independent. * Young was elected as a Republican during the 40th and 42nd sessions (1913 and 1917), but a Progressive during the 41st session (1915). * McCarthy's 19th District was renumbered the 18th District after the 1970s redistricting. * Brown's 17th District was renumbered the 13th District after the 1990s redistricting. * Allen and Setencich were Republican Assemblymembers whom Democrats elected after losing their majority in the chamber. * Perez's 46th District was renumbered the 53rd District after the 2010s redistricting. See also * List of California stat ...
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California State Senate
The California State Senate is the upper house of the California State Legislature, the lower house being the California State Assembly. The State Senate convenes, along with the State Assembly, at the California State Capitol in Sacramento, California, Sacramento. Due to a combination of the state's large population and a legislature that has not been expanded since the ratification of the California Constitution, 1879 Constitution, the State Senate has the largest population per state senator ratio of any state legislative house. In the United States House of Representatives, California is apportioned 53 U.S. representatives, each representing approximately 704,566 people, while in the California State Senate, each of the 40 state senators represents approximately 931,349 people. This means that California state senators each represent more people than California's members of the List of United States representatives from California, House of Representatives. In the current le ...
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Censure
A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spiritual penalty imposed by a church, or a negative judgment pronounced on a theological proposition. It is usually non-binding (requiring no compulsory action from the censured party), unlike a motion of no confidence (which may require the referenced party to resign). Parliamentary procedure Explanation and use The motion to censure is a main motion expressing a strong opinion of disapproval that could be debated by the assembly and adopted by a majority vote. According to ''Robert's Rules of Order'' (''Newly Revised'') (RONR), it is an exception to the general rule that "a motion must not use language that reflects on a member's conduct or character, or is discourteous, unnecessarily harsh, or not allowed in debate." '' Demeter's Manual ...
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California Business And Professions Code
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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Disbarment
Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be referred to as suspension. Australia In Australia, states regulate the Legal Profession under state law, despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association or the Law Society of which one is a member, or the board itself. Germany In Germany, a ''Berufsverbot'' is a ban on practicing a profession, which the government can issue to a lawyer for misconduct, ''Volksverhetzung'' or for serious mismanagement of personal finances. In April 1933, the Nazi government issue ...
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California Law
The law of California consists of several levels, including Constitutional law, constitutional, Statutory law, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California Code of Regulations. Sources of law The California Constitution, Constitution of California is the foremost source of state law. Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Codes. State agencies promulgate regulations with the California Regulatory Notice Register, which are in turn codified in the California Code of Regulations. California's legal system is based on common law, which is interpreted by case law through the legal opinion, decisions of the Supreme Court of California, California Courts of Appeal, and Appellate Divisions of the Superior Courts of California, and published in the ''California Reports'', ''California Appella ...
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