Daniel Everett v. State Bar of California
DueProcess
Is constitutional due process of law violated by State Bar rules that allow the agency to enroll licensees with disabilities on involuntary inactive status without providing a predeprivation evidentiary hearing on the merits, nor a postdeprivation evidentiary hearing?
Questions Presented This case involves a facial challenge to State Bar of California | (State Bar) rules which allow the agency to place licensees with physical or mental disabilities on involuntary inactive status without ( requiring that an evidentiary hearing ever be afforded. | California Business and Professions Code (BPC) § 6007(b) (3), asx promulgated by the Rules of Procedure of the State Bar of California | (Rules), 5.190-5.212, allow the State Bar to move licensees with disabilities to involuntary inactive status without affording a predeprivation evidentiary hearing on the merits nor a postdeprivation evidentiary hearing to determine whether the initial move to disability inactive status was warranted. Cal. Bus. Prof Code § 6053 allows State Bar Court Judges, i.e., administrative law judges, to order licensees i subject to § 6007(b) (3) proceedings to undergo physical and mental examinations. Lack of compliance may be used as evidence in determining | whether the attorney should be moved to disability inactive status pursuant to BPC § 6007 (b) (3). As a prerequisite to being moved back to active status, an affected licensee must sign a release allowing the Bar to copy medical and hospital records related to the licensee’s alleged disability and the licensee’s current medical state. Even then, the State Bar rules still do not require that a hearing on the merits ever be afforded. ff 2 . . . | The following Questions are presented: 1. Is constitutional due process of law violated by State Bar rules that allow the agency to enroll licensees with disabilities on involuntary inactive status without providing a predeprivation evidentiary hearing on the merits, nor a postdeprivation | evidentiary hearing? 2. Is constitutional due process of law violated by State Bar rules : that allow the agency to require licensees enrolled on disability inactive status to provide sensitive medical records asa prerequisite to being moved to active status, even though an evidentiary hearing on the merits is not required before placing the licensee on disability inactive status? | ] : 3