Senate Judiciary Chair Tom Umberg Responds to New California Supreme Court Rule

(Sacramento, CA) – Senator Thomas J. Umberg (D-Santa Ana), Chair of the California Legislature’s Senate Judiciary Committee issued the following statement today in response to the California Supreme Court’s adoption of a new rule mandating reporting of misconduct by attorneys:

“I am pleased to see that the California Supreme Court adopted a mandatory reporting rule for attorneys. The Supreme Court has the ultimate responsibility over attorney discipline. finally brings California into the ranks of all other 49 states. Though not drafted precisely how I would have written it, the new rule is an important step forward for consumer protection.”

He also noted that there is a piece missing from the adopted rule that he will continue to pursue via legislation:

“I think it is vital to require mandatory reporting by an attorney when they know that another licensee has conspired to engage in, or has engaged in, treason, sedition, or insurrection against the State of California or the U.S. I have amended SB 40 to include this language and will take further amendments to strike other mandatory reporting language given the Supreme Court’s new rule.”

Senator Umberg lastly noted that he would be holding his Senate Bill 42, which was introduced in December of 2022 to require this type of reporting.  SB 42 recently passed the Senate Floor with a unanimous and bi-partisan vote of 38-0 and is currently awaiting a hearing in the Assembly Judiciary Committee.

The California Supreme Court’s new reporting rule for attorneys can be found here: https://newsroom.courts.ca.gov/sites/default/files/newsroom/2023-06/S280290%20-%20062123%5B84%5D.pdf

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