Moral Character Requirement: Governing Law

The Business and Professions Code requires all applicants to be of good moral character in order to be certified for admission and licensed to practice law. (Bus. & Prof. Code, §§ 6060, 6062.) 

The Rules of the State Bar require applicants to establish that are of good moral character. (Rules of the State Bar, rule 4.40.) "Good moral character" includes but is not limited to qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary responsibility, respect for and obedience to the law, and respect for the rights of others and the judicial process. (Ibid.)

A moral character determination is also required for applicants of the following "special admissions" programs:

• Multijurisdictional Practice Programs: 
  • Registered In-House Counsel (Cal. Rules of Court, rule 9.46(c)(2)); 
  • Registered Legal Aid Attorney (Cal. Rules of Court, rule 9.45(c)(2)); and
  • Registered Military Spouse Attorney (Cal. Rules of Court, rule 9.41.1(c)(4)); 
• Registered Foreign Legal Consultant program (Cal. Rules of Court, rule 9.44(c)(2).)

The Rules of the State Bar prohibits submission of a moral character application by "[a]n attorney who is suspended for disciplinary reasons or disbarred, has resigned with disciplinary charges pending, or is otherwise not in good standing for disciplinary reasons in any jurisdiction." (Rules of the State Bar, rule 4.40(A).)