Opinion
S265240
01-27-2021
HARPER ON DISCIPLINE
Remanded to State Bar – GREGORY HARPER
The petition for review is granted and the matter is remanded to the State Bar Hearing Department for further evidentiary hearings to determine whether the State Bar's facially neutral disciplinary practices at issue, including but not limited to the weight given petitioner's previous discipline for reportable action bank matters, had the effect of discriminating against Harper on the basis of race. The State Bar must determine whether Harper was disciplined more harshly than any similarly situated white male attorney based on the data underlying the Farkas study and the Robertson report. (California Rules of Court, rule 9.17.) The Hearing Department shall reopen discovery to permit Harper to obtain all data reviewed for purposes of the Farkas study and the Robertson report with identifying information redacted.
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.
Jenkins, J., was recused and did not participate.