Spencer Freeman Smith v. State Bar of California
ERISA DueProcess JusticiabilityDoctri
Whether it is unconstitutional under the Due Process Clause for the State Bar of California to place an attorney on suspension without a hearing for four years before conducting a post-suspension hearing. Barry v. Barchi, 443 U.S. 55 (1979)?
Whether it is unconstitutional under the Due Process Clause for the State Bar of California to publicly recommend an attorney be disbarred and then wait three years to submit its final recommendation for discipline. Cleveland Board of Education v. Loudermill, 470 U.S. 532, 549 (1985)?
Whether it is unconstitutional under the Due Process Clause for the State Bar of California, to base its disbarment recommendation upon the ex parte statements of witnesses whom the accused attorney had not been afforded an opportunity to cross-examine. Willner u. Committee on Character, 373 U.S. 96, 103 (1963); Goldberg v. Kelly, 397 U.S. 254, 269, (1970)?
Did the State Bar fail to provide Petitioner with adequate notice of the facts and circumstances supporting disbarment? In re Ruffalo, 390 U.S. 544 (1968).
due-process-clause