No. 20-1506

Jeffrey G. Thomas v. State Bar of California

Lower Court: California
Docketed: 2021-04-28
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment attorney-discipline due-process personal-jurisdiction state-bar-court subject-matter-jurisdiction
Key Terms:
ERISA DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-05-20
Question Presented (AI Summary)

Whether discipline of an attorney by a state bar court is void due to lack of personal jurisdiction

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether discipline of an attorney by a hearing board of a state bar “court” is void because of failure to acquire personal jurisdiction of the attorney at law under the Due Process of the Laws Clause of Amendment Fourteen of the Constitution? I. Whether discipline of an attorney at law by an order of the hearing board of the state bar court was without the subject matter jurisdiction of the court, because the Bar Association filed and served its Application on the attorney at law during a period of abatement of the pending disciplinary cases? III. Whether a bar association’s sanction of “ineligibility to practice law” is void for vagueness as applied to an attorney at law in active practice? p. i— Petition for the Writ of Certiorari in In re Jeffrey G. Thomas REASONS FOR GRANTING THE WRIT In Jones v. Flowers (2006) 547 U.S. 220, 226, this Court held that “when mailed notice of a tax sale is returned unclaimed, the State must take additional reasonable steps to attempt to provide notice to the property owner before selling his property, if it is practicable to do so.” Issue No. One is whether the California state bar association was required to take further steps to notify Petitioner of his right to request a hearing on a proceeding of ineligibility to practice law, when it was clear from the return receipt of certified mail of the bar association’s application for ineligibility to the board of the State Bar Court that the Post Office failed to deliver it in a timely fashion to Petitioner and delivered to another person who accepted it by mistake. The state bar court’s default order of ineligibility based on this defective service violated the Petitioner’s fundamental constitutional right to notice and opportunity to be heard. The application of Jones to the initiating pleadings in this case involving the deprivation of a license to practice law valuable property is an issue of great national importance. This Court denied certiorari in a similar case this term in Barnette v. H.B.I., L.L.C., case no. 20321, but in Barnette, the Post Office delivered a p. ii— Petition for the Writ of Certiorari in In re Jeffrey G. Thomas notice to the defendant to claim the certified mail at the post office. Petitioner presents a much stronger case for denial of Due Process of the Laws according to violation of the Jones decision here. The state bar court erroneously assumed delivery, and when presented with a motion to vacate the default order, it denied it because of administrative inconvenient to the state bar association. Issue No. Two challenges the jurisdiction of the hearing board of the state bar court to initiate a “new” disciplinary action for ineligibility during abatement of the pending disciplinary actions from which the very similar allegations in the “new” action are derived. Petitioner contends that the hearing board and review board did not acquire subject matter jurisdiction of the ineligibility action during abatement for covidig9 when the hearing department of the “court” was effectively closed to the public. This is an important current national issue. The relief requested herein is not only important to Petitioner’s livelihood, it is necessary to preserve the integrity of federal law and the federal court system, to protect the assets of a registered federal public charity from being pilfered by its former attorneys at law conspiring with their opposing attorneys at law and exploiting a weak and biased regulator of p. iii — Petition for the Writ of Certiorari in In re Jeffrey G. Thomas legal ethics in the state. On April 13, 2021, the federal district court dismissed an action in True Harmony et al. v. State Dept. of Justice et al., case no. 20-cv-00170 JAK-AD3S, that Petitioner brought for his clients the federal public charity, its donor and its nominee to hold title to its property. Petitioner respectfully requests the consideration of this petition for the writ together with the petition for the

Docket Entries

2021-05-24
Petition DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-04-29
Waiver of right of respondent State Bar of California to respond filed.
2021-04-21
Petition for a writ of certiorari filed. (Response due May 28, 2021)

Attorneys

Jeffrey Thomas
Jeffrey Gray ThomasThomas Law Company, Petitioner
Jeffrey Gray ThomasThomas Law Company, Petitioner
State Bar of California
Robert G. RetanaThe State Bar of California, Respondent
Robert G. RetanaThe State Bar of California, Respondent