Is The California State Bar Entitled to Immunity?

       This is a good article in The National Law Review on 3/17/2024 titled What Public Corporation Exists Without Ever Filing Articles Of Incorporation?  This article provides information about public corporations and answers the question: Is The California State Bar Entitled to Immunity? It also gives some very good information about the State Bar of California. One very interesting point that is mentioned in this article is that The State Bar of California did not file Articles of Incorporation. The California General Corporation Law provides that the corporate existence begins upon the filing of the articles. Cal. Corp. Code § 200(c). Section 6001 of the Business & Professions Code established the State Bar by proclamation: “The State Bar of California is a public corporation.”  

     In the case of Kohn v. State Bar of California (Case No. 20-17316), the Ninth Circuit sitting en banc examined whether the State Bar should be considered an “arm of the state” entitled to the same sovereign immunity protections afforded to the state itself. In a majority opinion authored by the Honorable John B. Owens, the court affirmed that the State Bar does indeed share in California’s sovereign immunity. State Bar of California article 12/7/2023

     The Justice Channel agrees with Judge Patrick J. Bumatay’s opinion of this case!

“California law lays out a structure for the State Bar like an independent municipality.  By creating that structure, California has shown an intent not to clothe the State Bar with the immunity that California enjoys.  More than that, California has treated the State Bar as a separate entity by allowing it to operate without significant control or direction. And finally, the State Bar’s liabilities are independent of the State.  Each of these factors strongly points to concluding no immunity for the State Bar.” – The National Law Review – 4/17/2024   

      The Mission statement of the State Bar of California is “The State Bar of California’s mission is to protect the public and includes the primary functions of licensing, regulation, and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.” 

    It has been my personal experience with The State Bar of California that their so-called mission statement is totally ignored by this “public corporation”. I have been filing complaints against several lawyers connected to my long-standing Probate case here in the Los Angeles Superior Court for about 15 years. My complaints against these so-called lawyers included perjuries, unethical practice of law, theft, acting in concert as a conspiracy to defraud the court, aiding embezzlement, and felony elder abuse. The State Bar of California has done nothing about any of my complaints. It seems that the State Bar of California will only take action against their licensees when they are convicted of felony crimes. Like the lawyer for Stormy Daniels, Michael Avenatti. I am sure there were many complaints filed against this dirty lawyer that The State Bar of California did nothing about!

     It seems that The State Bar of California is above the law like the courts. Even though technically they are not a governmental agency of the State of California. They are not run or controlled by the state and are treated like a separate entity.