State Bar Court Defense for California Attorneys Facing Disciplinary Charges
Once a Notice of Disciplinary Charges is filed, a California attorney’s case moves from investigation into formal prosecution before the State Bar Court. At this stage, the Office of Chief Trial Counsel is no longer gathering information. It is building a record intended to support discipline, often including suspension or disbarment.
State Bar Court proceedings are governed by a distinct set of procedural rules, evidentiary standards, and discipline frameworks that differ significantly from civil litigation. The court evaluates alleged misconduct through the Rules of Professional Conduct and the California Standards for Attorney Sanctions, applying aggravating and mitigating factors to determine the appropriate discipline. Outcomes are shaped not only by the alleged conduct, but by credibility, documentation, procedural posture, and strategic decisions made early in the case.
Attorneys facing State Bar Court proceedings must navigate hearings, discovery obligations, motion practice, and evidentiary presentations before a specialized tribunal. Decisions such as whether to contest allegations, seek negotiated resolution, or address interim restrictions can have lasting consequences for licensure and future reinstatement eligibility.
This page explains how State Bar Court discipline proceedings work, what to expect after an NDC is filed, and how attorneys typically approach defense strategy at this stage. This information is educational and procedural in nature. Every case is fact-specific, and no outcome can be guaranteed.
What the State Bar Court Does
The State Bar Court adjudicates attorney discipline matters on behalf of the California Supreme Court. It determines whether misconduct occurred and, if so, recommends discipline.
The court operates independently from the Office of Chief Trial Counsel, but it relies on the record developed through pleadings, evidence, and hearings.
The Structure of State Bar Court Proceedings
Hearing Department
The Hearing Department functions as the trial court.
At this stage:
OCTC bears the burden of proof
Witnesses may testify under oath
Documentary and expert evidence is introduced
Motions may be litigated
The judge issues findings of fact and conclusions of law
Most discipline cases are resolved or defined at the Hearing Department level.
Review Department
Either party may seek review of the Hearing Department decision.
The Review Department:
Reviews the existing record
Does not retry the case
May adopt, modify, or reject findings
Issues a written decision recommending discipline
California Supreme Court
The California Supreme Court has final authority over attorney discipline.
The Court:
Reviews the Review Department recommendation
May modify discipline
Issues the final order making discipline effective
Disbarment is not final until ordered by the Supreme Court.
What Changes After a Notice of Disciplinary Charges Is Filed?
An NDC fundamentally changes the posture of the case.
At this point:
The investigation phase is over
Allegations are fixed unless amended
Deadlines and procedural rules control the case
Statements and filings become part of a permanent record
Informal resolution options narrow significantly, and strategic decisions carry greater weight.
How Misconduct Is Evaluated in State Bar Court
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