California Legislative Committee Approves Bill Requiring Lawyers to Report Treasonous Activities

A bill known as SB 40 has been approved by a legislative committee in California, signaling a significant step toward mandating lawyers in the state to report fellow attorneys involved in acts of treason. The proposed legislation is a response to the allegations against John Eastman, a lawyer for the Trump campaign, who currently faces charges related to his alleged involvement in efforts to undermine the 2020 presidential election results.
 

SB 40 builds upon a recently approved Rule of Professional Conduct 8.3, which already requires California lawyers to report misconduct by other attorneys if it is believed that such reporting will not harm a client's interests. The bill further reinforces the obligation to report attorneys engaged in treasonous activities, promoting accountability within the legal profession.
 
State Senator Tom Umberg, the author of the bill and chairman of the Senate Judiciary Committee, highlighted the importance of attorneys reporting colleagues attempting to obstruct the peaceful transition of power. He clarified that the determination of whether Eastman committed treason would be left to others, suggesting that the federal code's definition of treason could potentially be incorporated into the bill.
 
The trial of John Eastman in the State Bar Court, which could result in his disbarment, is scheduled to resume later this year. However, concerns have been raised regarding the potential implications of the bill. Assemblymember Bill Essayli, the Committee Co-Chair, expressed worries about the potential erosion of lawyers' ability to engage in zealous advocacy and present creative legal arguments, which play a crucial role in shaping the law in the United States. He cautioned against a slippery slope of government control over legal disputes and questioned whether challenging the government's actions could be deemed treasonous.
 
The Assembly Judiciary Committee passed SB 40 with an 8-3 vote, sending it to the Assembly Appropriations Committee for further consideration. The bill is part of the annual fee bill that allows lawmakers to exert statutory control over lawyers while the California Supreme Court handles lawyer admission and discipline. As part of the proposed legislation, the base license fee for active attorneys would be $391. Notably, the bill does not require disclosing information protected by attorney-client privilege nor includes information obtained while participating in the attorney diversion and assistance program. Senator Umberg clarified that attorneys are not obligated to report clients planning to overthrow the government unless the clients indicate an intention to use violent means.
 
John Eastman seeks to exclude evidence of the alleged conspiracy to create an alternative slate of electors in seven states from his ongoing trial. He also claims attorney-client privilege with former President Donald Trump, who has not waived the right, unlike the presidential campaign committee. The State Bar accuses Eastman of conspiring with Trump to disrupt the electoral count on January 6, including pressuring former Vice President Mike Pence to violate the law. Bar prosecutors argue that the evidence is relevant to multiple charges against Eastman, citing his involvement in recruiting fake electors as a significant part of the strategy.
 
While Eastman has not faced criminal charges specifically related to his role in the January 6 attack on the US Capitol, a federal judge in California previously stated that he and Trump "more likely than not" engaged in criminal conduct connected to the incident.
 
As SB 40 moves forward to the Assembly Appropriations Committee, the potential impact on the legal profession and the broader implications of requiring attorneys to report treasonous activities continue to be debated.