California Codes, Business and Professions Code - BPC, Division 3 — Professions and Vocations Generally, Chapter 4 — Attorneys, Article 5.5 — Miscellaneous Disciplinary Provisions, Section 6090.6

In a disciplinary proceeding, the State Bar shall have access, on an ex parte basis, to all nonpublic court records relevant to the competence or performance of its licensees, provided that these records shall remain confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). This access, for investigation and enforcement purposes, shall not be limited by any court order sealing those records, except a court order authorized by Section 851.6, 851.7, 851.8, or 851.85 of the Penal Code. The State Bar may disclose publicly the nature and content of those records, including sealed records other than those specified immediately above in this section, after notice of intention to disclose all or a part of the records has been given to the parties in the underlying action. A party to the underlying action who would be adversely affected by the disclosure may serve notice on the State Bar within 10 days of receipt of the notice of intention to disclose the records that it opposes the disclosure and will seek a hearing in the court of competent jurisdiction on an expedited basis.

Notes

Allows the State Bar ex parte access in discipline matters to nonpublic court records relevant to licensee competence or performance, notwithstanding sealing orders except the specified Penal Code orders, while requiring confidentiality. Before public disclosure, the Bar must notify underlying parties; an adversely affected party has 10 days after receipt to oppose and seek an expedited court hearing.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 6090.6 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-4/article-5-5/section-6090-6

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