| 翻訳と辞書 |
| California bar ： ウィキペディア英語版 |
State Bar of California
The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline. It is directly responsible to the Supreme Court of California. All attorney admissions and disbarments are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court.〔See California Business and Professions Code sections (6064 ) (empowering State Bar to certify admission of applicants) and (6078 ) (empowering State Bar to recommend disbarment, suspension, or reproval).〕〔''In re Rose'', (22 Cal. 4th 430 ) (2000) ("()he State Bar may make only recommendations to this court, which undertakes an independent determination whether the attorney should be disciplined as recommended").〕〔See also ''Hallinan v. Committee of Bar Examiners'', (65 Cal. 2d 447 ) (1966) (Supreme Court may override State Bar's finding of lack of good moral character and force State Bar to certify applicant for admission) and ''Pineda v. State Bar'', (49 Cal. 3d 753 ) (1989) (Supreme Court may override State Bar's recommendation of punishment and prescribe more severe punishment). Notably, Terence Hallinan went on to become San Francisco's district attorney, while Lynn Pineda was (disbarred by the Supreme Court of California on September 14, 1990 ).〕
The State Bar was legally established on July 29, 1927, when the State Bar Act went into effect.〔"Introductory: The Genesis and Development of the State Bar", in the ''Proceedings of the First Annual Meeting of the State Bar of California'' (San Francisco: The Recorder Printing and Publishing Co., 1929), xvi.〕 Today, the State Bar of California is the largest state bar association in the United States, with 253,306 living members as of February 2015, of whom 183,763 are on active status.〔 It is headquartered in San Francisco, with branch offices in Los Angeles and Sacramento.
==Legal status==
California is among the majority of American states that operate an integrated (mandatory) bar, in which the statewide bar association is integrated with the judiciary and active membership therein is required in order to practice law. Article 6, Section 9 of the California Constitution states:
The State Bar acts as the administrative arm of the California Supreme Court in matters involving the admission, regulation, and discipline of attorneys.〔Jimenez, Manuel. "Before the Bar", ''Los Angeles Lawyer Magazine'' (April, 2010) (cite as 33-APR LALAW 28)〕〔(Rule 1.2 of the Rules of the State Bar of California ).〕 Its structure, responsibilities and powers are elaborated in the State Bar Act, Sections 6000–6238 of the Business and Professions Code, as well as its own Rules of the State Bar of California and certain portions of the California Rules of Court. Generally, practicing law in the state of California without being a member of the State Bar is the crime of unauthorized practice of law. The only exceptions are for patent attorneys who restrict their practice to the prosecution of patent applications (i.e., the process of obtaining a patent before the United States Patent and Trademark Office); attorneys who practice areas of law exclusively regulated by the federal government (such as immigration) under a U.S. Supreme Court decision in 1963 that prohibited states from restricting the practice of exclusively federal areas of law;〔See ''Sperry v. Florida'', . Accord, ''Benninghoff v. Superior Court (State Bar of California)'' (136 Cal. App. 4th 61, 74 ) (2006) (interpreting ''Sperry'' as preventing State Bar from regulating federal administrative practice in general)〕 and attorneys from other states who have applied to the California courts for temporary admission ''pro hac vice'' to work on a single California case in collaboration with a member of the State Bar.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「State Bar of California」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|