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Attorney discipline

California Ordered Its Lawyer-Discipline Office to Shrink. Its Cost Grew 49% Anyway.

Summary

The Office of Chief Trial Counsel cost $127 million in fiscal 2025, up from $85 million five years earlier. The Legislature denied its request for 57 more staff and told it to reach a 15% vacancy rate by 2027 instead — while its case backlog more than doubled.

By Locusta · July 10, 2026

The office that investigates California's roughly 200,000 licensed attorneys is not short on money. The State Bar's Annual Discipline Report for fiscal year 2025 puts the cost of running the discipline system at $127,000,681 — up 49% from $84,977,144 five years earlier, and a new high for the sixth year running. What it is short on, by legislative design, is people. In 2024 the Legislature wrote into the Business and Professions Code that the State Bar "shall seek to achieve, through employee attrition only, a 15 percent vacancy rate by April 1, 2027" — nearly double the 8% vacancy rate the Office of Chief Trial Counsel (OCTC) was already running, according to the California State Auditor's February 2025 review. The same Legislature denied OCTC's request that year for 57 additional staff and a fee increase to pay for them.

Discipline system cost, FY2025
$127.0M
+49% since FY2020
Mandated staff vacancy rate
15%
up from 8% actual, 2024 vs Apr. 2027 target
Cases in backlog, year-end 2023
2,487
+116% since 2021

The budget kept climbing

Nothing about the discipline system's cost trend looks like restraint. Table SR-15 of the Annual Discipline Report — the State Bar's own statutorily required accounting — shows the total cost rising every single year since fiscal 2020, through a pandemic, a leadership scandal, and now a legislated staffing squeeze.

Cost of California's attorney discipline system
Total annual cost, FY2020–FY2025, $ millions
FY2020
$85M
FY2021
$89.4M
FY2022
$92.5M
FY2023
$104.3M
FY2024
$115.8M
FY2025
$127M
Source: State Bar of California, Annual Discipline Report, FY2025, Table SR-15
View data as table
Discipline system cost by fiscal year
FY2020$84,977,144
FY2021$89,420,974
FY2022$92,463,493
FY2023$104,307,793
FY2024$115,839,858
FY2025$127,000,681

Most of that money — $83.4 million of the $127.0 million, or 66 cents of every dollar — goes to the Office of Chief Trial Counsel itself, the unit that receives, investigates, and prosecutes misconduct complaints. The rest is split across the State Bar Court, the regulatory offices that support it, and the general counsel's office. The nine functions the State Bar tracks in Table SR-15 sum exactly to the reported total.

Where the FY2025 discipline dollar goes
Cost of the discipline system by function, FY2025
Total discipline system$127MChief Trial Counsel$83.4MState Bar Court$17.6MAttorney Regulation & Consumer Resources$7.6MGeneral Counsel$7.4MProfessional Competence$4.5MProbation$2.4MCommunications$2MLicensee Billing$821,162Mandatory Fee Arbitration$1.3M
Source: State Bar of California, Annual Discipline Report, FY2025, Table SR-15
View data as table
FY2025 discipline system cost by function
Chief Trial Counsel$83,366,440
State Bar Court$17,566,478
Attorney Regulation & Consumer Resources$7,587,796
General Counsel$7,382,141
Professional Competence$4,528,636
Probation$2,414,831
Communications$2,026,810
Licensee Billing$821,162
Mandatory Fee Arbitration$1,306,387

The Legislature ordered fewer people to spend it

OCTC is the State Bar's largest office — almost 300 employees in 2023, nearly half the agency's workforce, according to the State Auditor. OCTC itself told the auditor it needed more: a 2024 workforce analysis backed a request for 57 additional positions, funded by a $15.25 licensing-fee increase, to meet the case processing standards the office proposed in 2022. The Legislature said no to both the positions and the fee increase. It funded an expansion of OCTC's diversion program instead, and wrote the 15% vacancy target into law — achievable only through attrition, since the statute bars the State Bar from firing staff just to hit the number.

OCTC staff vacancy rate: actual vs. mandated
Percent of positions vacant
Actual, 2024
8%
Legislature's target, Apr. 2027
15%
Source: Cal. Bus. & Prof. Code §6140.11(b); California State Auditor, Report 2024-030 (Feb. 27, 2025)
View data as table
Vacancy rate, actual vs. Legislature's target
Actual, 20248%
Legislature's target, Apr. 202715%set by attrition only, Bus. & Prof. Code §6140.11

The math is not subtle. A 300-person office running 8% vacant already has roughly 24 empty seats. Pushed to a 15% vacancy floor, it would carry around 45 — about 21 more chairs sitting empty than today, on an office that told its own Legislature it needed 57 more people, not fewer.

The backlog is already answering

The State Bar proposed in 2022 that no more than 10% of pending cases should sit in backlog — defined as a case that has run past 150% of its processing-time standard. The State Auditor's review found the opposite trend: backlog has grown every year it measured, more than doubling in two years.

Open disciplinary cases sitting in backlog
Year-end count, 2021–2023
Dec. 2021
1,154
Dec. 2022
1,509
Dec. 2023
2,487
Source: California State Auditor, Report 2024-030 (Feb. 27, 2025), Table 12
View data as table
Open cases in backlog, year-end
Dec. 20211,15430% of open cases
Dec. 20221,50930% of open cases
Dec. 20232,48736% of open cases, +116% since 2021

By the State Bar's own newer count in the FY2025 Annual Discipline Report — a different metric, tracking closed cases that missed their processing goal rather than the auditor's open-case snapshot — 2,674 cases, 14% of everything OCTC closed that year, missed the goal, with complex cases missing it 32% of the time. Cases filed in the State Bar Court now take an average of 757 days to resolve, continuing a six-year upward trend. Two different yardsticks, pointed the same direction, measured by two different institutions that don't report to each other.

The takeaway

  • Cost is up 49% in five years. The discipline system cost $127.0 million in FY2025 against $85.0 million in FY2020, per the State Bar's own accounting — and OCTC alone accounts for two-thirds of that.
  • The Legislature answered a staffing request with a staffing cut. It denied OCTC's 57- request and instead wrote a 15% vacancy target into law — nearly double OCTC's 8% actual vacancy rate — enforceable only through attrition.
  • The backlog moved before the mandate even took effect. Open cases in backlog grew 116% from 2021 to 2023, and State Bar Court processing time has climbed for six straight years, with the staffing squeeze only beginning to bite.

Figures cover the Office of Chief Trial Counsel and the discipline system as defined and cost-allocated by the State Bar's own Table SR-15; they do not capture the State Bar's admissions, legal-education, or general-fund operations outside the discipline function.

Sources

  • State Bar of California, Annual Discipline Report, Fiscal Year 2025 (Nov. 26, 2025) — the $127,000,681 FY2025 discipline-system cost, the FY2020–FY2025 cost series and function breakdown (Table SR-15), the 21,205 cases opened, the 2,674-case (14%) closed-case backlog, and the 757-day State Bar Court processing time. calbar.ca.gov
  • California State Auditor, Report 2024-030: The State Bar of California (Feb. 27, 2025) — OCTC's roughly 300-person 2023 staff count, its 8% actual 2024 vacancy rate, the denied 57- and fee-increase request, and the year-end 2021–2023 open-case backlog series (Table 12). auditor.ca.gov
  • California Legislative Information, Business and Professions Code §6140.11 — the statutory text mandating the State Bar "seek to achieve, through employee attrition only, a 15 percent vacancy rate by April 1, 2027" and barring termination to meet it. leginfo.legislature.ca.gov
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