Does a hearing examiner have a duty to reveal potential impeachment evidence to the accused attorney?

California, United States of America


The following excerpt is from Van Sloten v. State Bar, 258 Cal.Rptr. 235, 48 Cal.3d 921, 771 P.2d 1323 (Cal. 1989):

We have repeatedly declared that attorneys who are subject to disciplinary proceedings are not afforded all the procedural safeguards extended to criminal defendants. (Fitzsimmons v. State Bar (1983) 34 Cal.3d 327, 332, 193 Cal.Rptr. 896, 667 P.2d 700.) The question whether a particular rule of the civil or criminal law should be applied in disciplinary proceedings to assure fairness must be determined on the facts of each case. (Emslie v. State Bar (1974) 11 Cal.3d 210, 226, 113 Cal.Rptr. 175, 520 P.2d 991.) We have not previously considered whether the hearing examiner has a duty to reveal potential impeachment evidence to the accused attorney.

Other Questions


Does the absence of an attorney from a State Bar hearing constitute an obligation of the accused attorney to attend the hearing? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Is there a reasonable probability that the defense would have disclosed impeached impeached or impeached evidence to the defense? (California, United States of America)
When a defendant is accused of a sexual offence in a criminal action in which he is also accused of another sexual offence, is evidence of his disposition to commit such crimes considered to be inadmissible under California Evidence Code section 1108? (California, United States of America)
Is there any case law where an attorney did not anticipate that the examiner would recommend disbarred at the close of the hearing? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
What is the test for establishing that a defendant has discussed the potential drawbacks of potentially conflicted representation with his attorney? (California, United States of America)
In what circumstances will a defendant oppose evidence of alleged suppression of evidence by his attorney? (California, United States of America)
Where an allegation of sexual assault is made directly to the accused in writing, does the accused have to notify the accused of the allegation of a specific violation of his or her due process? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.