In this article we consider a simple separation of powers issue with serious implications: Can the California judicial branch fund the State Bar of California by imposing fees on practitioners? We think this is a problem in two stages. The first question (whether the judiciary can impose such fees) raises one sort of separation of powers issue, and the second (the likely consequences) requires a different analysis. Background The state bar was created by statute in 1927. It received constitutional entity status in 1966, when article 6, section 9 of the California constitution was added: “The State Bar of California is...
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SCOCAblog is a Berkeley Law & Hastings Law Journal publication focused on substantive coverage of the Supreme Court of California. We provide analysis of doctrinal and procedural issues in cases before the court, and news about developments pertaining to the court itself. Our contributors include former justices of the court, academics and practitioners with subject matter expertise, and advocates experienced in appellate practice before the state high court.
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