No. 21-5630

Daniel Everett v. State Bar of California

Lower Court: California
Docketed: 2021-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law constitutional-rights disability disability-inactive-status due-process involuntary-inactive-status medical-records postdeprivation-hearing predeprivation-hearing state-bar state-bar-rules
Latest Conference: 2021-10-15
Question Presented (from Petition)

1. Is constitutional due process of law violated by State Bar rules
that allow the agency to enroll licensees with disabilities on
involuntary inactive status without providing a predeprivation
evidentiary hearing on the merits, nor a postdeprivation
evidentiary hearing?

2. Is constitutional due process of law violated by State Bar rules
that allow the agency to require licensees enrolled on disability
inactive status to provide sensitive medical records as a
prerequisite to being moved to active status, even though an
evidentiary hearing on the merits is not required before placing
the licensee on disability inactive status?

Question Presented (AI Summary)

Is constitutional due process of law violated by State Bar rules that allow the agency to enroll licensees with disabilities on involuntary inactive status without providing a predeprivation evidentiary hearing on the merits, nor a postdeprivation evidentiary hearing?

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-22
Waiver of right of respondent State Bar of California to respond filed.
2021-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2021)

Attorneys

Daniel Everett
Daniel Everett — Petitioner
State Bar of California
Robert G. RetanaState Bar of California, Office of General Counsel, Respondent