To ensure that the review function within the audit and review unit continues to provide a means for complainants to appeal the State Bar's decisions on closed cases, the State Bar should implement a policy that prohibits the chief trial counsel from dissolving the review function of the audit and review unit. Alternatively, at a minimum, it should require board approval for such an action.
As stated in the response to Recommendation 1, the Board of Trustees adopted an amendment to the Charter of the Regulation and Discipline Committee addressing this issue at its November 20, 2015, meeting; the Chief Trial Counsel is precluded from dissolving the Audit and Review Unit or function absent explicit RAD approval.
As stated in the response to recommendation no. 1, the State Bar is pursuing board action to adopt appropriate oversight policies and prevent a repetition of what occurred in 2010 when OCTC eliminated quality control processes without the knowledge of the board.
Agency responses received are posted verbatim.