Whether a charge, in a state bar attorney disciplinary proceeding for which the attorney grievance committee had determined there was no probable cause, may be added during the closing argument

QUESTION PRESENTED This Court held there is a lack of due process in attorney disciplinary proceedings when the lawyer was disciplined upon a charge “not in the original charges made against him.” In re Ruffalo, 390 U.S. 544, 549 (1968). ‘Such procedural violation of due process would never pass muster in any normal civil or criminal litigation.’ These are adversary proceedings of a_ quasicriminal nature. The charge must be known before the proceedings commence. Id. at 551 (internal citations omitted). The question presented is: Whether a charge, in a state bar attorney disciplinary proceeding for which the attorney grievance committee had determined there was no probable cause, may be added during the closing argument. (i)