Reciprocal Sanctions In California

The California State Bar Court Review Department approved a public reproval of an attorney for misconduct that had led to a reprimand in South Carolina

This reciprocal discipline case originated following the finality of the unanimous memorandum opinion and order of the Supreme Court of South Carolina, filed January 27, 2021. It issued a public reprimand of Fisher as a result of her misconduct while appearing pro hac vice in family-related matters pending in the South Carolina state courts.

The South Carolina Supreme Court had found

[Fisher’s] great-aunt passed away in February 2009, and through a series of frivolous pleadings, motions, and appeals, [Fisher] raised various challenges to the will and protracted the related litigation for over ten years until the Supreme Court of the United States finally denied her petition for a writ of certiorari. [Citations.] In our opinion addressing the lower court’s award of sanctions against [Fisher], this Court concluded [she] lacked standing and repeatedly pursued claims that were meritless and wholly without evidence to support them.

Reciprocal discipline in California

For the past 36 years, California law, following the practice of sister jurisdictions, has provided a streamlined process for trial and adjudication of State Bar disciplinary proceedings when California attorneys have been found by another jurisdiction to have committed professional misconduct in that other jurisdiction.

The Review Department rejected Respondent’s contention that the reciprocal proceeding embraced a review of the underlying probate litigation

The plain meaning of section 6049.1 is apparent that it concerns only the attorney disciplinary proceeding imposed on a California attorney in a separate jurisdiction, and not predicate court proceedings that may have led to the disciplinary proceeding. Accordingly, in this situation, no resort is needed to discern legislative history or to consult related interpretive sources.

Sanction

Significantly, California reciprocal disciplinary proceedings have more flexibility than found in many other states’ reciprocal proceedings in one key area, in that the degree of discipline is a completely open issue in California.

Public reproval was deemed appropriate in light of the aggravating and mitigating factors. (Mike Frisch)