My case, based on indisputable allegations of prosecutorial misconduct, proves due-process challenge strategies in disbarment cases shouldn't culminate in the California Supreme Court or below. My case tested and refuted the only theory on offer, alternative to bias, to explain the Supreme Court's post-1991 State Bar abstention. My theory said fundamental legal challenges seldom occurred in State Bar cases because the respondent's cost, incurred to avoid waiver — "involuntary enrollment inactive" — is too high.
I learn, as I get customers often owning greater working knowledge of the system than I, the causal picture is more complex. The determiner of State Bar Court decisions, when it wants to be, is the Board of Governors, the partly politically appointed, partly elected body that controls the State Bar. The incompetence of State Bar defense counsel also has an extra-legal complication, in a shadow organization of former State Bar trial counsel, an organization bestowed with a monopoly over striking deals, each sold at the going rate of a $50 thousand to $100 thousand in attorney's fee. These shadow-group State Bar defense attorneys, my sources tell me, compensate "referring" State Bar counsel with expensive gifts.
Despite the failure of a California Supreme Court strategy for fundamental legal attack, I remain convinced that only a fundamental attack can force dismissal in a disbarment case. The remaining realistic possibility for fundamental disbarment cases is attacking the U.S. Constitutional invalidity of parts of the State Bar Act in federal district court. A federal district court perspective depends on attributing statutory origin to one of the State Bar Court's systemic abuses. Informed customers say these abuses include, in addition to the State Bar's asserting monopoly power over defense counsel: pursuing charges the State Bar Investigator admits the State Bar knows are groundless; willfully withholding exculpatory evidence from in pro per respondents; and applying unlawful conditions, such as restricting potential counsel, to releasing exculpatory evidence. My case and experience adds others, such as deflecting or destroying court documents, proof of service fraud, and extortionate resignation demands.
My petition for rehearing offers no hope of resuscitating a California strategy. One reason, the petition's chances are slender at best. Why even slender? Because only the petition for rehearing contains a reply to a State Bar opposition. The State Bar troubled itself to avoid reply to its opposition to my petition for writ of review. Neither could I reply to the State Bar's opposition to my motion to strike, Rules of Court not permitting. When a court pays attention according to its preferences and acts according to its habits, a reply, as contained in my petition for rehearing, is the most important document. But if the Supreme Court were to grant my petition for rehearing, the court still had acted with such a degree of negligence that reliance on that court cannot ground a sound perspective. Reckless rubber-stamping seems the only explanation for apparent Supreme Court abstention, other than explaining it as invoking a surreptitious non-rebuttable presumption favoring the State Bar. My petition for rehearing in the California Supreme Court, consequently, doesn't even potentially rehabilitate the California high court as the target legal arbiter.
I am soliciting reports of State Bar prosecutorial misconduct, to help understand the State Bar's systemic due process violations. This information will help some of my customers and potentially an unknown number of California attorneys. Correspondents should feel free to e-mail reports anonymously.