Legal Question in Legal Ethics in California

What is the statute of limitations for a judicial complaint to the CA Commission on Judicial Performance?

Also,

What is the statute of limitations for an attorney complaint to the bar? (Ca Bar)


Asked on 2/05/14, 11:41 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

The limitations periods don't exactly work the way a statute of limitations would for a civil lawsuit or a criminal proceeding, but they are similar.

Under subdivision (d) of section 18 of article VI of the California Constitution the Commission on Judicial Performance may � �censure a judge or former judge or remove a judge for action occurring not more than 6 years prior to the commencement of the judge�s last term.�

With respect to attorneys, the State Bar made up its own rule. A disciplinary proceeding based solely on a complainant's allegation of a violation of the State Bar Act or Rules of Professional Conduct shall be initiated within five years from the date of the alleged violation. (Rules Proc. of State Bar, rule 5.21(A).)

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Answered on 2/12/14, 8:21 am


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