State Senate OKs Refresher Courses for Most Lawyers

The state Senate has passed a bill by Sen. Ed Davis (R-Valencia) that would require California lawyers to take continuing education courses. But there’s one important exemption: State legislators who also are lawyers wouldn’t have to take the classes.

Also included in the exemption would be “officers, elected officials and full-time employees of the state of California, or of any political subdivision thereof.”

Davis said that under his bill, which the Senate approved Thursday, the State Bar would be required to ask the Supreme Court to administer a program requiring 36 hours of continuing legal education for lawyers every three years.

Any lawyer who did not take the classes could have his license to practice law suspended.

Sen. Milton Marks (D-San Francisco) objected to the bill, questioning why legislators should get a special exemption.

Daily Legal Education

But Sen. Bill Lockyer (D-Hayward), who recently passed the bar exam, countered that lawmakers get a legal education every day they are on the Senate or Assembly floor and that anyone who disagreed “is from a different planet.”

Lockyer added that the bill treats lawmakers no differently from district attorneys or public defenders.

He further chided Marks for bringing up the exemption issue, saying there are enough negative things to read about the Legislature in the press.

“Why do we whip ourselves, for God’s sake?” Lockyer asked.

Similar continuing education programs for lawyers are required in 28 states, half of which have adopted the programs in the last two years. Nine other states, including California, are considering adoption of the continuing education program.