When California Courts and Attorneys Report Sanctions to the State Bar

By Alex (J.D. candidate, not a lawyer)

California has two short statutes about reporting lawyer sanctions to the State Bar. Business and Professions Code section 6086.7 tells courts when they must notify the State Bar. Section 6068(o) tells attorneys when they must report certain events about themselves.

These rules come up often in news about lawyers sanctioned for AI-generated errors in court filings. This page explains what each statute says, the exceptions, and what happens after a report. It is general information about the law.

The court's duty: Business and Professions Code section 6086.7

What the law says. Section 6086.7(a) says "[a] court shall notify the State Bar" of five kinds of events:

  1. A final order of contempt against an attorney that may involve grounds for discipline.
  2. A change or reversal of a judgment based at least in part on an attorney's misconduct, incompetent representation, or willful misrepresentation.
  3. "The imposition of any judicial sanctions against an attorney," with two exceptions (below).
  4. A civil penalty against an attorney under Family Code section 8620.
  5. Certain bad-faith violations by a prosecutor under Penal Code section 1424.5.

(Read the official text.)

What it means in general. Item 3 is the one that applies to judicial sanctions, including sanctions for errors in court papers. When it applies, the statute says the court "shall" notify the State Bar. The commentary to canon 3D(2) calls this an "additional mandatory reporting" requirement.

The exceptions

Section 6086.7(a)(3) does not require notice for "sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000)."

So there are two carve-outs:

  1. Discovery sanctions. Sanctions for failing to make discovery, meaning the exchange of information between parties before trial.
  2. Small money sanctions. Money sanctions of less than $1,000.

A money sanction of $1,000 or more, outside discovery, falls within item 3.

Notice to the attorney

Section 6086.7(b) says that when a court notifies the State Bar, "the court shall also notify the attorney involved that the matter has been referred to the State Bar."

The California Rules of Court fill in who does the work:

  • Trial courts. Under rule 10.609, the judge who issued the order is responsible for notifying the State Bar and may direct court staff to do it. The notice includes the attorney's full name, State Bar number if known, and a copy of the order.
  • Courts of Appeal. Under rule 10.1017, the senior justice who issued the order, or the justice who wrote the opinion, is responsible and may direct the Clerk to send it.

Under both rules, the person who notifies the State Bar must also tell the attorney.

What the State Bar does next

What the law says. Section 6086.7(c) says: "The State Bar shall investigate any matter reported under this section as to the appropriateness of initiating disciplinary action against the attorney."

What it means in general. A report starts a review. The State Bar looks at whether discipline proceedings are appropriate. Any discipline would come later, through the State Bar's own process. A report by itself is no finding of misconduct.

The attorney's duty: Business and Professions Code section 6068(o)

What the law says. Section 6068(o) requires an attorney "[t]o report to the State Bar, in writing, within 30 days of the time the attorney has knowledge of" certain events. Paragraph (o)(3) covers "[t]he imposition of judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000)." (Read the official text.)

What it means in general. The attorney's self-report duty for sanctions uses the same two exceptions as the court's duty. The deadline is 30 days from when the attorney knows of the event.

Other events attorneys must report under 6068(o)

In plain words, section 6068(o) also lists:

  1. Three or more lawsuits in 12 months against the attorney for malpractice or other wrongful professional conduct.
  2. A civil judgment against the attorney for fraud, misrepresentation, breach of fiduciary duty, or gross negligence in a professional capacity.
  3. An indictment or information charging the attorney with a felony.
  4. A conviction of a felony, or of certain misdemeanors tied to law practice or dishonesty.
  5. Discipline by another professional licensing agency, in California or elsewhere.
  6. Reversal of a judgment based at least in part on the attorney's misconduct, grossly incompetent representation, or willful misrepresentation.

Paragraph (o)(8) says "against the attorney" can include claims against the attorney's firm in some cases.

What 6068(o)(10) says

Paragraph (o)(10) says: "This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline."

What it means in general. Paragraph (o)(10) ties the reporting duty to discipline: failing to make a required report can itself be a basis for discipline.

How mandatory reporting differs from a judge's referral (canon 3D(2))

Sections 6086.7 and 6068(o) are triggered by specific events. Judges have a second, broader duty under the California Code of Judicial Ethics.

What the law says. Canon 3D(2) says: "Whenever a judge has personal knowledge, or concludes in a judicial decision, that a lawyer has committed misconduct or has violated any provision of the Rules of Professional Conduct, the judge shall take appropriate corrective action, which may include reporting the violation to the appropriate authority." (Read the official text, Canon 3D.)

The commentary lists options for "appropriate corrective action." They include talking directly with the lawyer, writing about the misconduct in a decision, a confidential referral to a lawyer assistance program, or a report to the appropriate authority.

What it means in general. Under canon 3D(2), the judge picks the corrective action. A report is one option. The commentary notes that California law adds "additional mandatory reporting requirements," naming sections 6086.7 and 6086.8, subdivision (a), and Rules of Court 10.609 and 10.1017.

Section 6086.8(a) is one of those. It requires a court to report in writing to the State Bar, within 20 days, a judgment that an attorney is liable for damages for fraud, misrepresentation, breach of fiduciary duty, or gross negligence in a professional capacity. (Read the official text.)

Example. In footnote 7 of Cervantes v. Bianco (Sept. 24, 2026), the California Supreme Court referred a matter to the State Bar "to determine whether discipline is warranted," citing canon 3D(2). We explain that footnote in the California Supreme Court's AI footnote.

How AI cases fit

A sanction for AI-generated errors in a brief is a judicial sanction like any other. The same statutes decide whether it must be reported.

One published example is Del Biaggio v. Bansen (July 10, 2026, A174647). The Court of Appeal ordered counsel to pay $1,500 in sanctions, "payable to the clerk of this court," for a brief with "fictional quotations." That amount is above the $1,000 threshold in section 6086.7(a)(3). It then ordered the clerk to forward the opinion to the State Bar "[p]ursuant to Business and Professions Code section 6086.7, subdivision (a)(3)." (Read the official text.)

For current California rules and proposals on AI in law practice, see the proposed AI comments to the Rules of Professional Conduct, SB 574, and the full California AI Law Tracker.

Sources

SentryHall publishes general legal information for educational purposes. It is not legal advice, and reading it does not create an attorney-client relationship. The author is a law student, not a lawyer. Laws change and apply differently to different facts. For advice about your situation, talk with a lawyer licensed in California. You can look up a lawyer's license status at calbar.ca.gov.

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