Opinion
S269401
09-01-2021
LOS ANGELES TIMES COMMUNICATIONS LLC v. STATE BAR OF CALIFORNIA (GIRARDI)
Order to show cause issued
Respondent and real party in interest are ordered to show cause before this court, when the matter is called on calendar, why the relief sought by the petitioner should not be granted. The issues to be briefed and argued are as follows:
1. Does the court have the authority to reverse a discretionary decision by the State Bar's Interim Chief Trial Counsel not to waive the confidentiality of disciplinary investigations involving alleged professional misconduct by Thomas V. Girardi, and if so, was such a waiver of confidentiality in this matter "warranted for protection of the public” within the meaning of Business and Professions Code section 6086.1, subdivision (b)(2)?
2. Are the State Bar of California's Chief Trial Counsel and Chair of the Board of Trustees authorized under Business and Professions Code section 6086.1, subdivision (b)(2) to disclose information and records regarding confidential disciplinary investigations that were closed without charges filed?
3. Is the scope of disclosures permitted under the confidentiality waiver in section 6086.1, subdivision (b)(2) limited to releases of information "confirming the fact of an investigation or proceeding, clarifying the procedural aspects and current status, and defending the right of the licensee to a fair hearing”?
The return is to be served and filed by respondent and real party in interest on or before October 1, 2021.
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Cuéllar, Kruger, Groban, and Jenkins, JJ.