By Robert J. Hansen
The Supreme Court of California approved modifying the State Bar of California’s rule relating to professional conduct on Thursday.
This rule requires attorneys to report to the State Bar another lawyer who has committed a criminal act or has engaged in conduct involving dishonesty, fraud, deceit or reckless misappropriation of funds that raises a substantial question as to that lawyer’s honesty.
The rule does not require or authorize the disclosure of information gained by a lawyer while participating in a substance use or mental health program.
Senator Thomas J. Umberg (D-Santa Ana), Chair of the California Legislature’s Senate Judiciary Committee yesterday said in a statement that he was pleased with a new rule mandating reporting of misconduct by 
attorneys:
“The Supreme Court has the ultimate responsibility over attorney discipline. Finally brings California into the ranks of all other 49 states,” Umberg said. “Though not drafted precisely how I would have written it, the new rule is an important step forward for consumer protection.”
The duty to report without undue delay requires the lawyer to report as soon as they reasonably believe the reporting will not cause material prejudice or damage to the interests of a client or a client of the lawyer’s firm.
State legislatures are also considering a bill, SB 42, which would establish a statutory duty for attorneys to report misconduct by other attorneys.
Umberg noted that missing from the adopted rule is making it mandatory for attorneys to report others that they know engaged in treason or sedition, that he will continue to pursue via legislation.
“I think it is vital to require mandatory reporting by an attorney when they know that another has conspired to engage in or has engaged in treason against California or the U.S. I have amended SB 42 to include this language and will take further amendments to strike another mandatory reporting language given the Supreme Court’s new rule,” Umberg said in the statement.
This is likely related to conservative attorney John Eastman who is facing disciplinary charges by the State Bar that could lead to his disbarment.
Eastman orchestrated some of former President Donald Trump’s efforts to challenge the results of the 2020 election.
Umberg lastly noted that he would be holding SB 42, which was introduced in December of 2022, to require this type of reporting.
SB 42 recently passed the Senate Floor unanimously 38-0 and is currently awaiting a hearing in the Assembly Judiciary Committee.
What’s the penalty for reporting an attorney who’s bribed a judge? Is the reporting attorney disbarred? That seems to have been the practice until now. Oh, I supposed no bribes were given by Thomas Girardi so that Tani let him slide on 205 complaints?