No. 22-6339

Derek James Jones v. State Bar of California

Lower Court: California
Docketed: 2022-12-19
Status: Denied
Type: IFP
IFP
Tags: attorney-discipline brady-v-maryland due-process exculpatory-evidence fourteenth-amendment giglio-v-united-states presumption-of-innocence state-bar-court willner-v-committee-on-character-and-fitness
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the State of California violated Petitioner's Fourteenth Amendment guarantees of due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the State of California violated Petitioner’s Fourteenth } Amendment guarantees of due process in an attorney discipline proceeding | resulting in Petitioner's disbarment where, contrary to this Court's holdings in Brady v. Maryland, 373 U.S. 83, 87 (1963), Giglio v. United States, 405 U.S. 150 (1972), Willner v. Committee on Character & Fitness, 373 U.S. 96, 102-103 (1963) and their respective progeny, the prosecution | , withheld potentially exculpatory or mitigating materials which were necessary for the Petitioner to adequately prepare his defense and confront his accuser in a quasi-criminal matter. 2. Whether the State of California violated Petitioner’s Fourteenth Amendment guarantees of due process in an attorney discipline proceeding resulting in Petitioner’s disbarment where, contrary to this Court’s holdings in Coffin v. United States, 156 U.S. 432, 458-461 (1895), Taylor v. Kentucky, 436 U.S. 478, 485-486 (1978) and their respective progeny, the State Bar Court relied upon a presumption of culpability rather than innocence in connection with Petitioner's alleged misconduct, even in the absence of reliable evidence that such misconduct occurred, in a quasi-criminal matter. @ . @ PARTIES INVOLVED Petitioner Derek Jones is an individual California resident formerly licensed to practice law in California. Respondent State Bar of California is an administrative agency in the ! judicial branch of the State of California which receives, investigates, or prosecutes complaints for professional misconduct against California attorneys. “California is the only state with an independent professional , Court dedicated to ruling on attorney discipline cases. The State Bar Court hears charges filed by the State Bar’s Office of Chief Trial Counsel against attorneys whose actions allegedly involve misconduct. The State Bar Court has the authority to recommend that the California Supreme Court suspend or disbar attorneys...”! | | | , | @ . @

Docket Entries

2023-04-13
Case considered closed.
2023-02-21
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 14, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2022-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2023)

Attorneys

Derek Jones
Derek James Jones — Petitioner