OPEN SESSION - AGENDA ITEM - 705 - Return from Public Comment and Request for Adoption Following Transmission to the Supreme Court for Approval

Sep 21, 2026

Open session agenda item 705 (May 18, 2023) addresses proposed amendments to California State Bar Admissions Rules and Rule 9.42 of the California Rules of Court concerning moral character, the Law Office Study (LOS) program, and the Practical Training of Law Students (PTLS) program. After a 60-day public comment period, the Committee of Bar Examiners recommends adopting moral character and PTLS rules as circulated, adopting LOS with minor modifications, and submitting PTLS/LOS amendments to the Supreme Court for approval.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages56

Reading Time2 h 21 min

AccessFree to download

Executive Summary

Background

Moral Character

Law Office Study (LOS)

OPEN SESSION AGENDA ITEM 705 MAY 2023 DATE: May 18, 2023 TO: Members, Board of Trustees FROM: Donna S. Hershkowitz, Chief of Programs & Legislative Director Tara Clark, Assistant Director for Operations, Office of Admissions SUBJECT: Proposed Amendments to Admissions Rules Related to Moral Character, Law Office Study, and the Practical Training of Law Students Program (Rule of Court Title 9, Division 4, Rule 9.42, and State Bar Rules 3.2–3.10, 4.3, 4.5, 4.6, 4.29, 4.40–4.52, 4.80–4.93, and Appendix A): Return from Public Comment and Request for Adoption Following Transmission to the Supreme Court for Approval EXECUTIVE SUMMARY The Committee of Bar Examiners explored revisions to the Rules of the State Bar (Admissions Rules) and rule 9.42 of the California Rules of Court pertinent to Moral Character, the Law Office Study (LOS) program, and the Practical Training of Law Students (PTLS) program as part of its effort to evaluate existing rules with the intent to streamline processes, create greater transparency and consistency in the administration of Admissions functions, and eliminate unnecessary barriers to participation in Admissions programs. Following a 60-day public comment period, the Committee of Bar Examiners is recommending adoption of the Moral Character and PTLS rules as circulated, and adoption of the LOS rules with minor modifications made in response to the public comment received. The committee is further recommending that the Board submit proposals for PTLS and LOS rule amendments to the Supreme Court for approval consistent with rule 9.5 of the California Rules of Court. BACKGROUND The State Bar is undertaking a comprehensive review and evaluation of admission rules, practices, and procedures to ensure that they are consistent with applicable law, clear to applicants, and applied with consistency. Staff is also examining each rule to identify and San Francisco Office 180 Howard Street San Francisco, CA 94105 [www.calbar.ca.gov](www.calbar.ca.gov) Los Angeles Office 845 South Figueroa Street Los Angeles, CA 90017 eliminate any that do not further the State Bar’s public protection mission, and potentially serve as unnecessary barriers that stand in the way of applicants participating in specific Admissions programs. Rule 9.5 of the California Rules of Court provides that, upon approval by the Board, all State Bar rules recommended by the CBE pertaining to the admission to practice law must be submitted to the Supreme Court for review and approval. After consultation with the State Bar’s liaison to the Supreme Court, it was determined that rule 9.5 does not cover the rules relating to moral character, and thus those rules need only be approved by the Board. MORAL CHARACTER Applicants for admission to practice law in California must be of good moral character. (See Cal. Bus. & Prof. Code, § 6060(b)(1) and Rule 4 .40. ) Good moral character is defined as including“qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary responsibility, respect for and obedience to the law, and respect for the rights of others and the judicial process.”(Rule 4 .40(B) . ) All applicants for admission to the State Bar, or for California’s special admissions programs, are required to submit an application to allow the State Bar to begin the process of assessing whether the applicant possesses the requisite moral character. The application includes information about residence history, employment history, civil lawsuits, law enforcement matters, honor code violations, bankruptcies, driving records, military service, educational history, certifications and licenses, a discussion of other bars to which the applicant has applied but not been admitted, complaints and professional discipline related to a business, trade, or professional license, and similar matters. In evaluating California’s rules and processes to identify needed areas of change, staff examined, among other

FAQs

What outcome is recommended after the 60-day public comment period?

The Committee of Bar Examiners recommends adopting the moral character and PTLS rules as circulated, and adopting the LOS rules with minor modifications based on public comments received.

How are the proposed admissions rules intended to change the admissions process?

The revisions aim to streamline procedures, increase transparency and consistency in admissions administration, and remove unnecessary barriers to participation in admissions programs.

What is the role of Rule 9.5 in submitting proposed rules for Supreme Court approval?

After Board approval, State Bar rules pertaining to admission to practice law are submitted to the Supreme Court for review and approval; however, rules relating to moral character are determined not to be covered and require only Board approval.

Sep 21, 2026

Uploaded by Quinn Holloway