No. 24-5498

Lenore Luann Albert v. State Bar of California

Lower Court: California
Docketed: 2024-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-discipline disbarment due-process federal-court-practice fourteenth-amendment state-bar-regulation
Key Terms:
AdministrativeLaw ERISA DueProcess FirstAmendment Securities Privacy JusticiabilityDoctri ClassAction
Latest Conference: 2024-10-18
Question Presented (AI Summary)

Whether California State Bar can regulate the practice of law in federal court and impose disbarment without due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether California State Bar can regulate the practice of law in federal court. Specifically, whether California’s disbarment of petitioner fell below due process requirements under the Fourteenth Amendment of the U.S. Constitution (XIV Amend. U.S. Const. §1) requiring reversal or it was so retaliatory after this ten-year saga that Ms. Albert may proceed under Ex parte Young 209 U.S. 123 (1908) in federal court for damages. Sub Issues Presented Whether the State Bar Act (Cal. Bus & Prof Code § 6000, et seq.) can regulate the practice of law in federal court, contrary to this Court’s holding in Theard v. United States 354 U.S. 278 (1957). Whether California can disbar an attorney on violations that were not charged, contrary to this Court’s holding in Jn re Ruffalo 390 U.S. 544 (1968). Whether California’s use of internet social media pages to advertise an attorney’s disbarment violates the attorney’s right to privacy or is an unusual and cruel punishment because it is shamed based and not for the protection of the public under the Tenth Amendment. X Amend. U.S. Const. Whether California can make attorneys pay $27,055.00 to defend against disciplinary charges and then use that money to pay the salaries of adjudicators, investigators, and prosecutors as a punishment pursuant to Cal. Bus. & Prof. Code § 6086.10 and Cal. Bus. & Prof. Code § 6086.13, contrary to the holding in Tumey v. Ohio 273 U.S. 510 (1927). Is the California State Bar immune from suit in federal court contrary to Van de Kamp v. Goldstein, 555 U. S. 335, 348 (2009) or Loper Bright Enters. v. Raimondo, Sec'y of Commerce 144 §.Ct. 2244 (2024)? ili OPINIONS BELOW AND

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-10-02
Waiver of right of respondent State Bar of California to respond filed.
2024-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2024)

Attorneys

Lenore Albert
Lenore AlbertLenore Albert, Petitioner
State Bar of California
Brady Richard DewarThe State Bar of California, Respondent