Derek James Jones v. State Bar of California
DueProcess Privacy JusticiabilityDoctri
Whether the State of California violated Petitioner's Fourteenth Amendment guarantees of due process
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...”! | | | , | @ . @