Unbelievable! The Judges Said It Like It Is
Yesterday, I had oral argument before the Ninth Circuit BAP in Pasadena (before it snowed).
Both Judge Lafferty and Judge Faris told the State Bar that reading the statute, I was right! There is no legitimate reason to withhold my license from me – and we didn’t even have Judge Ginsberg’s awesome opinion on how excessive state fines violate our Eighth Amendment rights! (That was Timbs v Indiana that came out on 2/20/19).
If you watch the entire video, you will hear how a State Bar employee was less than truthful to the Ninth Circuit in 2003 and said he shopped an amendment to our State Statute in response to a case called Taggart. In fact, the legislative history does not bear out that version. Notice how the State Bar never disputes this was a misrepresentation. Duping our state legislature into passing unconstitutional laws is wrong. It does not protect the public and it costs money to undo. As leaders we show up and change things, not merely complain about them. Looking forward to the opinion when it comes out. Either we go up to the Ninth or back to the US District court!