The State Bar system is sui generis (or unique), but it has aspects of both the criminal and civil court systems.
OFFICE OF THE CHIEF TRIAL COUNSEL
Investigations and prosecutions are handled by the Office of the Chief Trial Counsel (OCTC.) OCTC is responsible for processing all complaints, completing all investigations and where appropriate filing all charges with the State Bar Court, in the form of a Notice of Disciplinary Charges, or NDC. OCTC should only file charges where there is sufficient evidence to prove every element of a violation by clear and convincing evidence.
STATE BAR COURT
The State Bar Court handles all cases involving discipline violations, contested admissions (i.e., moral character determinations), probation revocations, reinstatements, conviction referrals and reciprocal discipline cases. The Court has a Hearing Department (the trial court) and a Review Department (appellate court).
Cases can be filed in Los Angeles or San Francisco, and depending on the caseload of the judges, Hearing Judges from one venue may be assigned cases in the other venue.
CONTACT ERIN JOYCE LAW
REPRESENTING CLIENTS THROUGHOUT ALL OF CALIFORNIA
When you get a letter from the State Bar, don’t go it alone! You need competent, experienced counsel to respond to the State Bar at every stage. Your license is at risk, so ensure you have the best representation from a former State Bar prosecutor before sending any response to an investigator or responding to formal charges leveled by the State Bar. You cannot make an informed decision without good advice. Call Erin now.