Too Soon To Dismiss

A recent opinion of the California State Bar Court Review Department

We are asked to decide the narrow issue of whether the State Bar Court hearing judge correctly dismissed this disciplinary proceeding after the Office of the Chief Trial Counsel of the State Bar (OCTC) presented its case, but before respondent Eric Bryan Seuthe presented his case. For the reasons below, we have decided that the hearing judge’s order was incorrect, and we remand this case to the Hearing Department for further proceedings…

There was sufficient evidence of a failure to account for entrusted funds to proceed

Under the facts, OCTC presented a prima facie case that Seuthe did not furnish an appropriate accounting when requested. The hearing judge therefore erred in dismissing this case prior to the presentation of Seuthe’s defense.

The dismissal order was vacated and the matter remanded. (Mike Frisch)