In Re Attorney Discipline System

C. J. On October 14,1998, this court issued an order soliciting public comment in response to a letter submitted to the court by Governor Pete Wilson and a “Request for a Special Regulatory Assessment” submitted by the State Bar of California.

In his letter, the Governor acknowledged that a problem with public protection had arisen because the State Bar’s disciplinary system no longer was operating effectively, observed that “[c]learly, the Court has inherent power over the discipline of attorneys,” and requested that this court assume responsibility over the attorney discipline system pending a legislative solution. At the same time, however, the Governor asserted that this court’s imposition of additional fees on members of the State Bar would invade the legislative prerogative, and argued that “[t]he Court could direct that at least a portion of the existing Bar membership fees be used to fund a discipline system that ferrets out the most egregious offenders.”

In its request, the State Bar asked that the court issue an order requiring active members of the State Bar to pay a fee of $171.44 in addition to $77 already authorized by existing statutes, for the purpose of…