New Hopes for an Ailing Bar

With a new governor and Legislature, a new day could well have arrived for the beleaguered State Bar of California.

A nasty, prolonged battle last year, triggered by then-Gov. Pete Wilson, left this agency shuttered and broke. In December the California Supreme Court stepped in and ordered lawyers to pay interim dues to revive the bar’s once highly praised system for disciplining errant or incompetent lawyers. But the court’s action was only a stopgap. A permanent legislative solution to the impasse must set a responsible dues structure--the bar is funded entirely through lawyer dues and receives no tax funds.

The new Legislature must also settle the permissible scope of the bar’s activities, including admission to the profession, continuing education, the evaluation of judicial candidates and lobbying. Some of these activities, particularly lobbying on issues that Wilson and some Republicans opposed, generated much of the ire toward the agency.

A solution at last seems to be taking shape. Two proposals, now in their early stages, would end last year’s war of attrition. The new legislative session might even see former adversaries on this issue close the wide gulf between themselves. Sen. Bill Morrow (R-Oceanside), one of the strongest critics of the bar last year, has put forth a measure that is more conciliatory toward the bar than expected. Senate Judiciary Committee Chairman Adam Schiff (D-Burbank), who is generally supportive of the agency, is forming another proposal.

The Legislature’s goal must be to quickly end the stalemate by equipping the state bar with the resources to carry out its critical responsibilities on behalf of consumers and the profession. That means adequate dues, a governing structure free from partisan political influence and allowing the bar to vet candidates for the bench and offer legal services, among other programs. At the same time, the bar, as a quasi-state agency, should do a better job of accounting for its spending.

Perhaps more responsible leadership from the governor’s office is making the difference, by encouraging common sense and cooperation, finally, to prevail in the Legislature. If so, that’s good news indeed.