No. 20-1795

Gregory Melvin Haynes v. State Bar of California

Lower Court: California
Docketed: 2021-06-24
Status: Denied
Type: Paid
Response Waived
Tags: attorney-discipline california-supreme-court clear-and-convincing-standard due-process reciprocal-discipline selling-v-radford summary-judgment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does the California Reciprocal attorney discipline statute—Business and profession code 6049.1 — violate the standard set forth in Selling v Radford, 243 U. S. 46, 51 (1917)

Question Presented (OCR Extract)

Questions Presented : , | | Does the California Reciprocal attorney discipline statute—Business and | profession code 6049.1 — violate the standard set forth in Selling v | | Radford, 243 U. S. 46, 51 (1917) because it does not provide for a review | of the discipline imposed by another jurisdiction for insufficiency of proof or } : for some other reason which would make the imposition of discipline unjust, | | where Selling v Radford, 243 U. S. 46, 51 (1917) requires infirmity of prove | and any other reason that would make the imposition unjust as well as due . process considerations . ll Is the California Supreme Court's imposition of reciprocal discipline in In | | RE Haynes in violation of Selling v Radford, 243 U. S. 46, 49 (1917) | because the it imposed discipline base on a foreign jurisdiction imposition | of discipline where the foreign jurisdiction—the United States District Court | for the Northern District of California-based its determination of discipline ' ’ on a summary judgment record, as opposed to an evidentiary hearing, in } violation of its local rules, which requires a findings of fact, and used a ) preponderance of the evidence standard where both the district court and } California Court required a clear and convincing standard. Anderson v. Liberty lobby, Inc 477 U.S.242,257, (1986); Tolan v. Cotton, 572 U.S. 650, 656 (2014) (per curiam) Parties The parties to this action the Supreme Court of the State of California and petitioner Gregory M. Haynes

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent State Bar of California to respond filed.
2021-05-10
Petition for a writ of certiorari filed. (Response due July 26, 2021)

Attorneys

Gregory Melvin Haynes
Gregory M. Haynes — Petitioner
State Bar of California
Robert G. RetanaState Bar of California, Office of General Counsel, Respondent