July 2014

Rules of Procedure
of the
State Bar of California
44
Bar cannot reopen the proceeding or bring a new one based on the
misconduct charged in the dismissed proceeding.

(I) Discovery Sanction. Dismissal may be ordered as a discovery sanction.
Unless the Court orders otherwise for good cause shown, dismissal is with
prejudice.

(J) Future Consolidation. The State Bar may move to dismiss a proceeding so
it may be refiled and consolidated with another proceeding involving the same
member that is not yet ready for prosecution. A dismissal is without prejudice.
The Court may not dismiss a proceeding on its own motion.

(K) Resignation or Disbarment. If the member who is the subject of a pending
proceeding resigns or is disbarred, the Court will take judicial notice of the
Supreme Courts order accepting the resignation or ordering the disbarment,
and dismiss the proceeding without prejudice.

Eff. January 1, 2011. Revised July 1, 2014.

Rule 5.125 Termination Because of Death

If a member, petitioner, or applicant who is the subject of a pending proceeding dies,
any party or its counsel, promptly on learning of the death, may file a motion to
terminate the proceeding. The motion must be accompanied by a certified copy of the
death certificate or, if a death certificate cannot be obtained after diligent effort, other
sufficient proof of death. On receipt of the motion, or on the Courts own motion after
receiving sufficient proof of death and giving notice to the deputy trial counsel and the
deceased partys counsel (if any), the Court will file an order terminating the proceeding.

Rule 5.126 Admonition

(A) When Permissible. The Court may resolve a matter by an admonition to the
member if the subject matter of a pending disciplinary proceeding does not
involve a Client Security Fund matter or a serious offense, and the Court
concludes that the violation(s) were not intentional or occurred under
mitigating circumstances, and no significant harm resulted.

(B) Serious Offense Defined. Serious offense means conduct involving
dishonesty, moral turpitude, or corruption, including bribery, forgery, perjury,
extortion, obstruction of justice, burglary or related offenses, intentional fraud,
and intentional breach of a fiduciary relationship.

(C) Publicity. A copy of the admonition or news of its issuance must be sent to
the complainant, complainants counsel (if any), and the deputy trial counsel.
The State Bar or the State Bar Court will not actively publicize it otherwise.
But unless otherwise ordered, the file in a public proceeding will remain
public.