Rule 9.10. Authority of the State Bar Cour t 1 2 (a)–(e) *** 3 4 (

f) Readmission and reinstatement 5 6 Applications for readmission or reinstatement must, in the first instance, be 7 filed and heard by the State Bar Court, except that no applicant who has been 8 disbarred by the Supreme Court on two previous occasions may apply for 9 readmission or reinstatement. Applicants for readmission or reinstatement 10 must: 11 12 (1)–(2) *** 13 14

(3) Establish present ability and learning in the general law. The State Bar 15 may require applicants who fail to make the affirmative showing of 16 sufficient present learning in the general law to demonstrate such 17 learning by passing one of the General Examinations required of 18 applicants for admission.

Applicants who resigned without charges 19 pending more than five years before filing an application for 20 reinstatement or readmission must establish present ability and learning 21 in the general law by providing proof, at the time of filing the 22 application, that they have taken and passed the Attorneys’ 23 Examination administered by the Committee of Bar Examiners within 24 five years prior to the filing of the application for readmission or 25 reinstatement.

Applicants who resigned with charges pending or who 26 were disbarred must establish present ability and learning in the general 27 law by providing proof, at the time of filing the application for 28 readmission or reinstatement, that they have taken and passed the 29 Attorneys’ Examination by the Committee of Bar Examiners within 30 three years prior to the filing of the application for readmission or 31 reinstatement. 32 33 (Subd (

f) amended effective January 1, 2010; previously amended effective January 1, 34 2007.) 35 36 (g) *** 37 38 Rule 9.10 amended and renumbered effective January 1, 2010; adopted as rule 951 effective 39 December 1, 1990; previously amended by the Supreme Court effective April 1, 1996, and 40 January 1, 2007. 41 42 Rule 9.21. Resignations of members of the State Bar with disciplinary 1 charges pending 2 3 (

a) General provisions 4 5 A member of the State Bar against whom disciplinary charges are pending 6 may tender a written resignation from membership in the State Bar and 7 relinquishment of the right to practice law. The written resignation must be 8 signed and dated by the member at the time it is tendered and must be 9 tendered to the Office of the Clerk, State Bar Court, 1149 South Hill Street, 10 Los Angeles, California 90015. The resignation must be substantially in the 11 form specified in (

b) of this rule. In submitting a resignation under this rule, 12 a member of the State Bar agrees to be transferred to inactive membership in 13 the State Bar effective on the filing of the resignation by the State Bar. 14 Within 30 days after filing of the resignation, the member must perform the 15 acts specified in rule 9.20(a)(1)–(4) and (

b) and within 40 days after filing of 16 the resignation, the member must file with the Office of the Clerk, State Bar 17 Court, at the above address, the proof of compliance specified in rule 9.20(c). 18 No resignation is effective unless and until it is accepted by the Supreme 19 Court after consideration and recommendation by the Board of Governors of 20 the State Bar State Bar Court. 21 22 (Subd (

a) amended effective January 1, 2010; previously amended effective January 1, 23 2007.) 24 25 (

b) For m of resignation 26 27 The member’s written resignation must be in substantially the following 28 form: 29 30 “I, [name of member], against whom charges are pending, hereby resign as a 31 member of the State Bar of California and relinquish all right to practice law 32 in the State of California.

I agree that, in the event that this resignation is 33 accepted and I later file a petition for reinstatement, the State Bar will 34 consider in connection therewith all disciplinary matters and proceedings 35 against me at the time this resignation is accepted, in addition to other 36 appropriate matters, I also agree that the Supreme Court may decline to 37 accept my resignation unless I reach agreement with the Chief Trial Counsel 38 on a written stipulation as to facts and conclusions of law regarding the 39 disciplinary matters and proceedings that were pending against me at the 40 time of my resignation.

I further agree that, on the filing of this resignation 41 by the Office of the Clerk, State Bar Court, I will be transferred to inactive 42 membership of the State Bar. On such transfer, I acknowledge that I will be 43 ineligible to practice law or to advertise or hold myself out as practicing or as 1 entitled to practice law. I further agree that, within 30 days of the filing of 2 the resignation by the Office of the Clerk, State Bar Court, I will perform the 3 acts specified in rule 9.20(a)–(

b) of the California Rules of Court, and within 4 40 days of the date of filing of this resignation by the Office of the Clerk, 5 State Bar Court, I will notify that office as specified in rule 9.20(

c) of the 6 California Rules of Court.” 7 8 (Subd (

b) amended effective January 1, 2010; previously amended effective January 1, 9 2007.) 10 11 (

c) Consideration of resignation by State Bar Board of Governor s Court 12 and Supreme Court 13 14 When the Office of the Clerk of the State Bar Court receives a member’s 15 resignation tendered in conformity with this rule, it must promptly file the 16 resignation. The Board of Governors of the State Bar Court must thereafter 17 consider the member’s resignation and the stipulated facts and conclusions of 18 law, if any, agreed upon between the member and the Chief Trial Counsel, 19 and must recommend to the Supreme Court whether the resignation should 20 be accepted. The State Bars Court’s recommendation must be made in light 21 of the grounds set forth in subsection (

d) of this rule and, if the State Bar 22 Court recommends acceptance of the resignation notwithstanding the 23 existence of one or more of the grounds set forth in subsection (d), the State 24 Bar Court’s recommendation must include an explanation of the reasons for 25 the recommendation that the resignation be accepted and, if so, whether 26 testimony should be preserved.

The Office of the Clerk of the State Bar 27 Court must transmit to the Clerk of the Supreme Court, three certified copies 28 of the Board’s State Bar Court’s recommendation together with the 29 member’s resignation, when, by the terms of the Board’s State Bar Court’s 30 recommendation, the resignation should be transmitted to the Supreme 31 Court. 32 33 (Subd (

c) amended effective January 1, 2010; previously amended effective January 1, 34 2007.) 35 36 (

d) Grounds for re jection of resignation by the Supreme Court 37 38 The Supreme Court will make such orders concerning the member’s 39 resignation as it deems appropriate. The Supreme Court may decline to 40 accept the resignation based on a report by the Board of Governors State Bar 41 Court that: 42 43 (1)–(4) *** 1 2

(5) The Supreme Court has filed an order of disbarment as to the member; 3 or 4 5

(6) The State Bar Court has filed a decision or opinion recommending the 6 member’s disbarment; 7 8

(7) The member has previously resigned or has been disbarred and 9 reinstated to the practice of law; 10 11

(8) The member and the Chief Trial Counsel have not reached agreement 12 on a written stipulation as to facts and conclusions of law regarding the 13 disciplinary matters and proceedings that were pending against the 14 member at the time the resignation was tendered; or 15 16 (6)

(9) On such other evidence as may show that Acceptance of the 17 resignation of the member will reasonably be inconsistent with the need 18 to protect the public, the courts, or the legal profession. 19 20 (Subd (

d) amended effective January 1, 2010; previously amended and relettered effective 21 January 1, 2007; adopted as part of subd (

c) effective December 14, 1984.) 22 23 Rule 9.21 amended effective January 1, 2010; adopted as rule 960 by the Supreme Court effective 24 December 14, 1984; previously amended and renumbered effective January 1, 2007. 25 26