REGULARS

Three State Bar Court judges petitioned the Supreme Court last month to overturn legislation which changes the way judges are appointed to the court that disciplines California attorneys.

The new appointment process is an unconstitutional infringement upon the Supreme Court’s sole power to make the appointments as well as an intrusion upon the court’s inherent authority over attorney discipline and admissions, the judges argued.

They asked the court to declare the legislation unconstitutional because it violates the separation of powers provision of the California constitution.

The petition was filed by James Obrien, presiding judge of the bar   court, Kenneth Norian, the review department’s public or non-attorney member, and hearing judge Nancy Roberts Lonsdale. One of the judges’ attorneys, Timothy J. Fox, said the State Bar is not involved in the litigation, nor is it paying any of the judges’ legal expenses.

Introduced by Senate President Pro Tem John Burton and signed by Gov. Gray Davis last year, the legislation (SB 143) amends the Business & Professions Code by transferring the appointment of three of five hearing judges from the Supreme Court to the governor, the Senate president pro tem and the Speaker of the Assembly.

The judges asked the court to issue an order permanently barring the three from making any appointments.

The amendments also replace the lay review judge with a judge who is an attorney.

See BAR COURT JUDGES

Another challenge to the State Bar’s continuing education requirements came under sharp questioning last month by a panel of appeals justices who seemed unconvinced that some education classes violate the First Amendment.

Challenging requirements in substance abuse, elimination of bias and emotional distress, Oakland attorney Mark Greenberg also argued that the classes are not germane to the practice of law.

But State Bar attorney Dina Goldman responded that education “is clearly germane to the State Bar’s purposes” and the nature of the minimum continuing legal education (MCLE) classes is not political.

The hearing before the First District Court of Appeal came in a case originally filed in 1991.

See MCLE CHALLENGE

First it was personal finance, then medical experts and now the legal profession is feeling the Internet howling at its door. Several months ago, a Maryland start-up company called USLaw.com and California-based FreeAdvice.com launched live lawyers chatting online as a free service to consumers — paid attorneys answering legal questions from anyone who logs on to those sites.

They join a growing number of Internet law ventures trying to make money by helping people get instant information online from a profession often considered less than consumer-friendly. Law industry sources say other “live-lawyer” sites are in development, with hopes of making money by, for example, selling ads, legal forms or enhanced listings for lawyers.

“People are intimidated by the legal process,” said USLaw.com chief executive Neal B. Simon. “They think it’s too costly and time-consuming. We provide people with the ability to easily understand legal issues and get solutions to their problems.”

But experts say USLaw.com and competitor FreeAdvice.com are treading on delicate terrain as they try to restrain their lawyers from giving specific legal advice, a move that regulators might consider the actual practice of law.

See ONLINE ADVICE