Earnest S. Harris v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation, et al.
ERISA HabeasCorpus Punishment
Is the State of California's and the California Department of Corrections and Rehabilitation's involation of the U.S. Constitution's Amendment 3 by prohibiting incarcerated persons from exercising their United States constitutional right to vote in local, state, and national elections via mail-in ballots or otherwise?
QUESTION(S) PRESENTED Ts the Sa of caliGocnia’ and he Qalifsrnia Departmen of Corrections: and Le habilitala d in vo\akten of the OS united rare conshibution al Amendment 3 Uhevy Lohen prohibiting. tncarcerated persons fmm exercigin eiy United Iglotes coke dpect vial right ib Vote in local, Stata, ‘on , nateonal eleclron wa mate: ballots er vw plement 2. oaths — ae “& \he A af ak Secnias constitution prolly s corse gers) Lron vahny uncon stitutisng [. california ansti Lion article , nat 8 4. malebyeukO Election’ Code é 2150 (a) A), | — iu Ca\ihor nia epartmerd of Correction ta Violatien of “united staves constitutrn Amendment Ue hen se peeps) inc av cera fed persone loaSerdes ond: paneer befyeiae urns pgs & ark Ahe California Department of Correction m Vialatien of The United Kaves const inked on Amendment WM ay As dis cei mination in hiviag Meicam ‘Americans x RULE 83-184 : ; DISCIPLINARY PROCEEDINGS AGAINST ATTORNEYS (a) Discipline. In the event any attorney subject to these Rules engages in conduct that may warrant discipline or other sanctions, any Judge or Magistrate Judge may initiate proceedings for contempt under 18 U.S.C. § 401 or Fed. R. Crim. P. 42, or may, after reasonable notice and opportunity to show cause to the contrary, take any other appropriate disciplinary action against the attorney. In addition to or in lieu of the foregoing, the Judge or Magistrate Judge may refer the matter to the disciplinary body of any Court before which the attorney has been admitted to practice. : (b) Status Suspension or Disbarment. When it appears to the Court that any member of its Bar or any attorney appearing pro hac vice has been suspended or disbarred from practice or convicted of a felony in any other court or has resigned from the Bar of any other court while warrant, investigation or proceedings for suspension or disbarment were pending, or has been guilty of conduct unbecoming a member of the Bar of the Court, or has violated the Rules of Professional Conduct of the State Bar of California, the attorney will be subject to suspension or disbarment by this Court. Upon notice transmitted to the attorney's last known address and the attorney's address on record with the State Bar, the attorney shall be afforded an opportunity to show cause _ within thirty (30) days why the attorney should not be suspended or disbarred from { : practice in this Court. Upon response to the order to show cause, and after hearing, if ~ requested, or upon expiration of the thirty (30) days, if no response is made, the Court shall enter an appropriate order. See L.R. 6-136. f 72