The State Bar of California’s Attorney Discipline Process
Weak Policies Limit Its Ability to Protect the Public From Attorney Misconduct
Appendix A
Demographic Data Pertaining to Complaints Against Attorneys
Table A displays by demographic group the number of cases closed from January 2010 through November 2021 and outcomes resulting in discipline. The State Bar collects demographic information when it administers the bar exam and when attorneys pay their annual dues. As respondents are not always required to provide such data, a large group of attorneys is categorized in the table as “information unavailable.” To be consistent with the data collected by the State Bar, we have not altered the descriptions of the demographic categories. We present the descriptions as they appear in the State Bar’s data.
We present the following information to provide perspective on cases and outcomes for the various demographic groups. However, to avoid interfering with ongoing litigation regarding disparate treatment in the State Bar’s attorney discipline system, we do not draw conclusions on these data.
Table A
Attorney Discipline Cases and Disciplinary Outcomes by Race and Gender, 2010 through 2021
| PERCENTAGE CLOSED AT: | RESULT | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| PUBLIC DISCIPLINE | NONPUBLIC MEASURES | |||||||||||
| RACE | GENDER | TOTAL CASES | INTAKE | INVESTIGATION | PREFILING | POSTFILING | DISBARRED | SUSPENDED | PUBLIC REPROVAL | RESIGN WITH CHARGES PENDING | PRIVATE REPROVAL | NONDISCIPLINARY ACTIONS |
| American Indian/ Alaska Native | Female | 209 | 61.7% | 17.7% | 9.1% | 11.5% | 6.2% | 1.9% | 1% | 0% | 0% | 12.9% |
| Gender variant/ Nonconforming/ Nonbinary | 11 | 72.7 | 27.3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 27.3 | |
| Male | 612 | 50.5 | 25.8 | 13.2 | 10.5 | 2.9 | 2.6 | 0.2 | 0 | 0.7 | 7.2 | |
| Multiple | 3 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Not listed | 1 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Two spirit* | 4 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Totals for American Indian/ Alaska Native | 840 | 54% | 23.6% | 11.9% | 10.5% | 3.7% | 2.4% | 0.4% | 0% | 0.5% | 8.8% | |
| Asian | Female | 3,772 | 73.2% | 19.9% | 2.5% | 4.4% | 0.9% | 2.3% | 0.2% | 0.1% | 0.2% | 10.4% |
| Gender variant/ Nonconforming/ Nonbinary | 6 | 83.3 | 16.7 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 27.3 | |
| Information unavailable | 169 | 18.9 | 17.8 | 37.9 | 25.4 | 21.9 | 1.8 | 0 | 0 | 0 | 4.1 | |
| Male | 10,962 | 56.5 | 21.4 | 14.6 | 7.4 | 2.3 | 3.2 | 0.2 | 0 | 0.2 | 9.5 | |
| Multiple | 18 | 66.7 | 33.3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 5.6 | |
| Not listed | 2 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Two spirit | 1 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Totals for Asian | 14,930 | 60.4% | 21% | 11.8% | 6.9% | 2.2% | 2.9% | 0.2% | 0.1% | 0.2% | 9.7% | |
| Black/ African American | Female | 3,125 | 69.1% | 20.2% | 3.7% | 7% | 1.9% | 2.9% | 0.2% | 0.1% | 0.3% | 11.7% |
| Gender variant/ Nonconforming/ Nonbinary | 4 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 25 | |
| Information unavailable | 2 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 50 | |
| Male | 7,186 | 56.7 | 24.7 | 7.3 | 11.3 | 2.7 | 4.3 | 0.4 | 0 | 0.2 | 11.6 | |
| Multiple | 32 | 65.6 | 31.3 | 0 | 3.1 | 0 | 3.1 | 0 | 0 | 0 | 15.6 | |
| Not listed | 3 | 0 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Two spirit | 27 | 81.5 | 18.5 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 25.9 | |
| Totals for Black/ African American | 10,379 | 60.5% | 23.4% | 6.2% | 9.9% | 2.4% | 3.9% | 0.3% | 0% | 0.2% | 11.7% | |
| Hispanic/ Latino | Female | 3,966 | 66.1% | 26% | 3% | 4.9% | 1.1% | 2% | 0.3% | 0.1% | 0.1% | 11.3% |
| Gender variant/ Nonconforming/ Nonbinary | 3 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 33.3 | |
| Information unavailable | 40 | 60 | 10 | 7.5 | 22.5 | 5 | 10 | 0 | 0 | 2.5 | 10 | |
| Male | 11,522 | 62 | 25.7 | 5.1 | 7.2 | 1.7 | 3.4 | 0.2 | 0 | 0.2 | 11.5 | |
| Multiple | 39 | 64.1 | 33.3 | 0 | 2.6 | 0 | 2.6 | 0 | 0 | 0 | 20.5 | |
| Totals for Hispanic/ Latino | 15,570 | 63.1% | 25.7% | 4.5% | 6.7% | 1.6% | 3% | 0.2% | 0% | 0.2% | 11.4% | |
| Information unavailable | Female | 587 | 63.4% | 16.9% | 14.1% | 5.6% | 2.6% | 2.6% | 0.2% | 0% | 0% | 8.9% |
| Information unavailable | 32,425 | 54.5 | 22.9 | 11.3 | 11.2 | 3.9 | 3.1 | 0.2 | 0.4 | 0.1 | 6 | |
| Male | 2,500 | 61.2 | 23.3 | 9 | 6.5 | 1.2 | 3.8 | 0.2 | 0.2 | 0.1 | 9.8 | |
| Multiple | 36 | 63.9 | 22.2 | 2.8 | 11.1 | 0 | 11.1 | 0 | 0 | 0 | 5.6 | |
| Not listed | 5 | 80 | 20 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Two spirit | 1 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Totals for Information unavailable | 35,554 | 55.2% | 22.8% | 11.2% | 10.8% | 3.7% | 3.2% | 0.2% | 0.3% | 0.1% | 6.3% | |
| Middle Eastern/ North African | Female | 829 | 72.9% | 24.7% | 1% | 1.4% | 0% | 0.8% | 0.1% | 0% | 0% | 15.2% |
| Gender variant/ Nonconforming/ Nonbinary | 4 | 50 | 0 | 50 | 0 | 0 | 0 | 0 | 0 | 0 | 50 | |
| Male | 3,606 | 60.6 | 35.6 | 1.4 | 2.4 | 0 | 1.6 | 0.1 | 0 | 0.1 | 14.1 | |
| Multiple | 2 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Not listed | 9 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 11.1 | |
| Two spirit | 1 | 0 | 0 | 0 | 100 | 0 | 100 | 0 | 0 | 0 | 0 | |
| Totals for Middle Eastern/ North African | 4,451 | 63% | 33.5% | 1.4% | 2.2% | 0% | 1.5% | 0.1% | 0% | 0.1% | 14.3% | |
| Multiracial | Female | 2,628 | 73.7% | 22.4% | 1.3% | 2.5% | 0.1% | 1.3% | 0.1% | 0.1% | 0.2% | 11.3% |
| Gender variant/ Nonconforming/ Nonbinary | 18 | 66.7 | 27.8 | 0 | 5.6 | 0 | 0 | 0 | 0 | 0 | 16.7 | |
| Information unavailable | 14 | 64.3 | 28.6 | 0 | 7.1 | 0 | 0 | 0 | 0 | 0 | 35.7 | |
| Male | 5,209 | 65.7 | 27.1 | 1.8 | 5.4 | 0.3 | 2.6 | 0.3 | 0 | 0.3 | 11.2 | |
| Multiple | 259 | 57.9 | 30.1 | 5.4 | 6.6 | 0 | 5 | 0 | 0 | 0.4 | 11.2 | |
| Not listed | 36 | 86.1 | 8.3 | 2.8 | 2.8 | 0 | 0 | 0 | 0 | 2.8 | 13.9 | |
| Two spirit | 16 | 62.5 | 18.8 | 6.3 | 12.5 | 6.3 | 0 | 6.3 | 0 | 0 | 18.8 | |
| Totals for Multiracial | 8,180 | 68.1% | 25.6% | 1.8% | 4.5% | 0.3% | 2.2% | 0.2% | 0% | 0.3% | 11.3% | |
| Native Hawaiian/ Other Pacific Islander | Female | 187 | 75.4% | 20.9% | 0.5% | 3.2% | 0.5% | 2.7% | 0% | 0% | 0% | 11.2% |
| Information unavailable | 6 | 83.3 | 16.7 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Male | 478 | 70.1 | 23.8 | 1.3 | 4.8 | 1 | 2.3 | 0.2 | 0 | 0.2 | 15.9 | |
| Multiple | 1 | 0 | 100 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Two spirit | 10 | 70 | 20 | 0 | 10 | 0 | 10 | 0 | 0 | 0 | 20 | |
| Totals for Native Hawaiian/ Other Pacific Islander | 682 | 71.6% | 23% | 1% | 4.4% | 0.9% | 2.5% | 0.1% | 0% | 0.1% | 14.5% | |
| Other race, ethnicity, or origin | Female | 1,121 | 76.8% | 20.1% | 1.2% | 2% | 0.1% | 0.8% | 0.3% | 0% | 0.4% | 13.3% |
| Gender variant/ Nonconforming/ Nonbinary | 12 | 75 | 25 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 25 | |
| Information unavailable | 28 | 85.7 | 14.3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 17.9 | |
| Male | 3,778 | 69.3 | 24.8 | 2.4 | 3.5 | 0.2 | 1.9 | 0.3 | 0 | 0.2 | 13.2 | |
| Multiple | 97 | 64.9 | 25.8 | 3.1 | 6.2 | 0 | 6.2 | 0 | 0 | 0 | 6.2 | |
| Not listed | 557 | 70 | 22.3 | 3.8 | 3.9 | 0.2 | 2.3 | 0.4 | 0.2 | 0.2 | 12.6 | |
| Two spirit | 37 | 81.1 | 18.9 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 16.2 | |
| Totals for Other race, ethnicity, or origin | 5,630 | 71% | 23.6% | 2.2% | 3.2% | 0.2% | 1.8% | 0.3% | 0% | 0.2% | 13.1% | |
| White | Female | 28,348 | 73.4% | 18.2% | 3.5% | 4.8% | 1.2% | 1.6% | 0.2% | 0% | 0.2% | 9.7% |
| Gender variant/ Nonconforming/ Nonbinary | 73 | 75.3 | 16.4 | 1.4 | 6.8 | 0 | 5.5 | 0 | 0 | 0 | 9.6 | |
| Information unavailable | 507 | 68.8 | 18.1 | 9.7 | 3.4 | 0.8 | 1.2 | 0.2 | 0 | 0.2 | 8.1 | |
| Male | 95,480 | 66.2 | 21.7 | 5.3 | 6.8 | 1.9 | 2.9 | 0.2 | 0.1 | 0.2 | 10.6 | |
| Multiple | 376 | 65.4 | 32.2 | 0.5 | 1.9 | 0 | 1.3 | 0 | 0.3 | 0 | 15.7 | |
| Not listed | 148 | 60.8 | 27 | 2 | 10.1 | 0 | 8.8 | 0 | 0 | 0.7 | 8.1 | |
| Two spirit | 37 | 83.8 | 16.2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 10.8 | |
| Totals for White | 124,969 | 67.8% | 21% | 4.9% | 6.3% | 1.8% | 2.6% | 0.2% | 0.1% | 0.2% | 10.4% | |
| Totals for all | 221,185 | 64.5% | 22.2% | 6.2% | 7.1% | 2% | 2.8% | 0.2% | 0.1% | 0.2% | 10% | |
Source: The State Bar’s case data from January 2010 through November 10, 2021, and attorney demographic data reported to the State Bar through its administration of the bar exam and during the collection of annual dues.
* California state law includes two spirit as a non-binary gender identity. According to the Federal Indian Health Service, traditionally, in most Native American tribes two spirit people occupy a distinct, alternative gender status, but not all cultures perceive two spirit people the same way.