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AB 2286: Why Process Servers Should Be Regulated by a State Entity
- 1. Regulating California Process Servers Michael Kern President, Kern Legal Immediate Past President, CALSPro 1
- 2. My Background • Second generation • 28 years in the Industry • Immediate Past President of CALSPro 2
- 5. It’s Broken. Why? • 58 counties. 58 policies. No standards. • Inconsistent disciplinary action • No monitoring of non-registered servers • No education. No enforcement. 5
- 6. A possible solution? AB 2286 6
- 9. Reintroducing regulation at the State Level in 2015 9
- 10. Is there a different solution? 10
Editor's Notes
- - bond - fingerprinted - (thats it!) - no education or training
- IT’S BROKEN. WHY? (argument against county regulation) - statewide standards are being regulated at the county level - 58 individual county clerks managing the process making regulatory standards inconsistent - clerks don’t have an effective policy for dealing with process servers who go rogue, use sewer service, or don’t understand the Rules of Civil Procedure - Claims and complaints filed against process servers are forwarded to local district attorneys who schedule hearings before administrative law judges, offering inconsistent enforcement and disciplinary action - Nobody is monitoring the non-registered individuals who can serve a maximum of 10 papers each year without registering to make sure they are not exceeding that maximum - There is no education requirement, no enforcement, and no consistency for process servers
- (argument for state regulation) - CALSPro wants our profession to be more accountable. We introduced AB 2286 to increase the professionalism of our profession - Regulations and complaint procedures would be consistent - These entities are better set up to regulate businesses and manage complaint procedures and disciplinary action - Process servers would be more closely monitored, as well as those who serve less than 10 papers per year - It’s an opportunity to elevate the profession and to introduce and coordinate much-needed education and testing requirements with the help of CALSPro.
- WHAT IS/WAS AB 2286? (the specifics) - process servers would be required to register with the State Bar of California - they would pay a $100 fee to the California State Bar to cover the costs of processing fingerprint cards - pay a fee to cover of issuing a registered process server ID card - submit a $2,000 bond or, as an alternative, a deposit with the State Bar - registration would be effective for 2 years or until the bond expires - the State Bar would maintain a register of process servers - investigations into conduct, suspensions, and revocation of registration would be determined and dealt with by the State Bar - a repeal of Chapter 16 of Division 8 of the Business and Professional Code (existing regulation requirements)
- Why? Who opposed it?
- Why? Who opposed it?
- * consumer affairs secretary of state ideas from audience?