PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – In General

Single Topic for Decision 2423M

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Publically employed attorneys have rights under the MMBA. PERB’s assertion of jurisdiction does not interfere with the ability of the Supreme Court of California or the State Bar of California to regulate the practice of law under the State Bar Act (Bus. & Prof. Code, § 6000 et seq.), the Rules of Professional Conduct or the California Rules of Court, because resolution of this dispute does not regulate the practice of law. Under the constitutional doctrine of separation of powers, the courts have inherent and primary regulatory power over the practice of law. PERB has no power to regulate the practice of law.