The State Bar Court Hearing Department Guidelines for Scheduling and Conducting Early Neutral Evaluation Conferences have been updated and streamlined. The Guidelines were revised effective February 1, 2021, in both the Los Angeles and San Francisco venues.
STATE BAR COURT HEARING DEPARTMENT GUIDELINES FOR SCHEDULING AND CONDUCTING EARLY NEUTRAL EVALUATION CONFERENCES (ENEC) RULE 5.30, RULES OF PROCEDURE Effective February 1, 2021
Excerpt from the Rules of Procedure of the State Bar of California:
(A) Early Neutral Evaluation Conference. Prior to the filing of disciplinary charges, the Office of the Chief Trial Counsel will notify the attorney in writing of the right to request an Early Neutral Evaluation Conference. Either party may request an Early Neutral Evaluation Conference. A party will have 10 days from the date of service of notice to request a conference. To schedule a conference, a requesting party must use the court-approved form located on the court's website and must submit it to the proper venue by personal delivery, facsimile, email, or mail. In the request, the party must supply multiple dates agreed to by opposing counsel for the conference. Failure to request a conference within that time is deemed a waiver of the right to request a conference. If proper notice is provided, failure to hold a conference will not be a basis for dismissal of a proceeding. A State Bar Court hearing judge will conduct the conference within 15 days of the request. (B) Judicial Evaluation. At the conference, the judge must give the parties an oral evaluation of the facts and charges and the potential for imposing discipline. If the parties then resolve the matter in a way that requires Court approval, the Office of the Chief Trial Counsel must document the resolution and submit it to the Evaluation judge for approval or rejection. (C) Evidence. The Office of the Chief Trial Counsel must submit a copy of the draft notice of disciplinary charges, or other written summary to the judge no later than three court days prior to the conference. Failure to do so within the specified time may result in the conference being rescheduled for a later date. The documentation must include the rules and statutes alleged to have been violated by the attorney, a summary of the facts supporting each violation, and the Office of the Chief Trial Counsel’s settlement position. Each party may submit documents and information to supports its position. (D) Confidentiality. The conference is confidential. A party may designate any document it submits for in camera inspection only. (E) Trial Judge. Unless otherwise stipulated by the parties, the Early Neutral Evaluation judge cannot be the trial judge in a later proceeding involving the same facts.
(A) Early Neutral Evaluation Conference. Prior to the filing of disciplinary charges, the Office of the Chief Trial Counsel will notify the attorney in writing of the right to request an Early Neutral Evaluation Conference. Either party may request an Early Neutral Evaluation Conference. A party will have 10 days from the date of service of notice to request a conference. To schedule a conference, a requesting party must use the court-approved form located on the court's website and must submit it to the proper venue by personal delivery, facsimile, email, or mail. In the request, the party must supply multiple dates agreed to by opposing counsel for the conference. Failure to request a conference within that time is deemed a waiver of the right to request a conference. If proper notice is provided, failure to hold a conference will not be a basis for dismissal of a proceeding. A State Bar Court hearing judge will conduct the conference within 15 days of the request.
(B) Judicial Evaluation. At the conference, the judge must give the parties an oral evaluation of the facts and charges and the potential for imposing discipline. If the parties then resolve the matter in a way that requires Court approval, the Office of the Chief Trial Counsel must document the resolution and submit it to the Evaluation judge for approval or rejection.
(C) Evidence. The Office of the Chief Trial Counsel must submit a copy of the draft notice of disciplinary charges, or other written summary to the judge no later than three court days prior to the conference. Failure to do so within the specified time may result in the conference being rescheduled for a later date. The documentation must include the rules and statutes alleged to have been violated by the attorney, a summary of the facts supporting each violation, and the Office of the Chief Trial Counsel’s settlement position. Each party may submit documents and information to supports its position.
(D) Confidentiality. The conference is confidential. A party may designate any document it submits for in camera inspection only.
(E) Trial Judge. Unless otherwise stipulated by the parties, the Early Neutral Evaluation judge cannot be the trial judge in a later proceeding involving the same facts.
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