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Supreme Court Moves to Ease Caseload : Attorneys: Justices propose giving State Bar authorities broad new power to disbar lawyers.

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TIMES STAFF WRITER

The California Supreme Court, in a move to ease its heavy caseload, has proposed giving State Bar authorities broad new power to disbar or suspend attorneys for professional misconduct.

Up to now, only the justices themselves have performed that task, automatically reviewing and issuing opinions in dozens of cases annually in which lawyers contest Bar recommendations for punishment by the high court.

But concern has grown that the justices were spending too much of their limited time on these relatively routine disciplinary matters, forcing them to neglect important civil and criminal issues. A recent study showed that of 104 court opinions issued in a one-year period, a record 43 came in lawyer disbarment and suspension cases.

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The court Friday released the text of proposed new court rules under which, in all contested lawyer-discipline cases, the justices would grant oral arguments and issue opinions only when there are “sufficient grounds” to do so.

Under the new rules, all rulings by the newly created State Bar Court ordering suspension or disbarment would become final, unless the justices decide to grant review of any resulting appeals.

Lesser punishments--such as public reprovals--will continue to be administered by the Bar, as they have in the past.

“The new procedures are expected to result in a substantial decrease in the number of cases in which the Supreme Court must hold hearings and write opinions,” a court statement said.

State Bar President Charles S. Vogel of Los Angeles welcomed the high court’s action, saying the new rules could both ease the justices’ workload and speed the overall lawyer-discipline process. “We’re very, very pleased,” Vogel said.

The proposed rules have been approved by the State Bar and now will be circulated to local Bar associations for further comment. Final adoption of new rules could come by January, a court spokeswoman said.

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Friday’s action follows the court’s adoption last month of rules that, as of Dec. 1, will give the State Bar similar power to impose punishment in uncontested cases. But those cases, while more numerous than contested cases, have been handled by the court without time-consuming argument and opinions.

The State Bar Court, made up of nine full-time judges selected by the Supreme Court, was created by the Legislature in 1988 to replace a system in which part-time, volunteer attorneys heard and resolved complaints against lawyers for breaking the law, mishandling funds, neglecting clients and other misconduct.

More than 5,000 complaints are being filed annually charging errant conduct among the state’s 124,000 lawyers. Last year, a record 89 disbarments and 221 suspensions were recommended by Bar officials.

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