Charles G. Kinney v. United States Court of Appeals for the Ninth Circuit
DueProcess Securities
Whether the Ninth Circuit continues to violate the Dental Examiners ruling, the Sherman Act, and Kinney's First Amendment and Due Process rights
QUESTION'PRESENTED © 6) ©"80 on 30+ states have maridato?y or integrated state bar “ associations who méstly tise ‘ attorneys serving as “judges” to impose discipline a on attorneys. The DOJ and FTC have tried to get . Texas (2»¢ in GDP) and Florida (4th in GDP) to so comply with Dental Examiners, but failed. The cot. biggest problem is still in California (1*t in GDP). . This state bar does not have an independent state oo supervisor (i.e. one not in the legal profession) to review discipline recommendations. Voluntarily. inactive attorneys are considered “active member 7 participants” by the FTC [see 2015 staff report]. California argues [as many do] that: (1) its state ‘ bar judges are “inactive” attorneys [which ignores . the FTC report]; and (2) its rules are equivalent to an and clearly-articulated ; state policy because its rules are “so detailed and . prescriptive” that they “remove” all “discretion”. : California’s discipline adversely impacts the legal services market. Anti-trust violations by the Cal. . State Bar and Cal. Supreme Court occur when ; petitions for review are denied so that the State Bar’s un-reviewed “recommendation” becomes a “final judicial determination” [CRC Rule 9. 16(b)] . _ Why was Kinney’s motion to vacate his “reciprocal . oo _ disbarment” denied given that Dental Examiners a was ignored by the Cal. State Bar (2015); Cal. pe Supreme Court (2016); and Ninth Circuit (2017)?