What is the test for a state attorney to be disciplined for wilful breach of discipline?
MultiRegion, United States of America
The following excerpt is from In re Black, Case No. 11-18491-B-7, DC No. UST-1 (Bankr. E.D. Cal. 2012):
Zitny v. State Bar, 64 Cal. 2d 787, 792 (1966) ("To establish a wilful breach [that justifies attorney discipline], it must be demonstrated that the person charged acted or omitted to act purposely, that is, that he knew what he was doing or not doing and that he intended either to commit the act or to abstain from committing it." (citations omitted)).
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