STATE BAR ASKS TO SCRUTINIZE DISCIPLINE RECOMMENDATIONS

Contact: Laura Ernde  415-538-2028  laura.ernde@calbar.ca.gov

San Francisco, July 5, 2012 – In light of a recent California Supreme Court remand order, the State Bar of California has requested that the court return an additional 24 attorney discipline cases for further analysis.

On June 21, the Supreme Court remanded 24 cases to the bar for reconsideration. On Tuesday, the State Bar filed a motion at the Supreme Court requesting the return of an additional 24 attorney discipline cases to the State Bar Court.

The Supreme Court’s June 21 order stated:

“The above-entitled matters are returned to the State Bar for further consideration of the recommended discipline in light of the applicable attorney discipline standards. (In re Silverton (2005) 36 Cal.4th 81, 89-94; see In re Brown (1995) 12 Cal.4th 205, 220.)”

In selecting the additional 24 cases for further review, the Office of Chief Trial Counsel looked for similarities to the initial 24 cases. The bar believes that the cases selected require further consideration under the authority cited by the Supreme Court in its June 21 remand order.

The precedent that the court cited focused on imposing discipline consistent with the applicable disciplinary standards designed to promote the primary purpose of protecting the public, the courts, and the legal profession; maintaining high professional standards by attorneys; and preserving public confidence in the legal profession.

A copy of the motion, which lists the 24 cases OCTC is requesting to be returned, is available on request.

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The State Bar of California is an administrative arm of the California Supreme Court, serving the public and seeking to improve the justice system for more than 80 years. All lawyers practicing law in California must be members of the State Bar. By July 2012, membership reached 238,000.