California may be the only state with an enforcement scandal like Vermont’s of 2023.  California’s was arguably less, for it involved: (1) fewer unenforced violations (not thousands but hundreds); and (2) was less widespread than VT, where over 30% of lawyers witnessed misconduct in just one year.

Consistent with the Dean Kronman’s 1993 warnings about the profession’s increased inability to self-police, California’s change came after its legislature became involved.  The changes included: (1) creation of a new and rigorous 8.3 (with time limits and an explicit duty to report to BEAs or a court); and (2) an outside investigation of CA’s BEAs revealing “a shocking past culture of unethical and unacceptable behavior” and “systematic organizational dysfunction that persisted for many years and through many changes in leadership.” 

The single fact that DC, VT, and other jurisdictions have literally never enforced their professed Honor Codes leaves no good faith argument that they, too, should not similarly investigated.