Opinion
ORDER
GREGORY G. HOLLOWS, Magistrate Judge.
Attorney Gail Weinheimer, objects to the undersigned unilaterally presiding pursuant to E.D. Cal Local Rule 184 at any sanction process on behalf of the District Court, Eastern District of California. A primary objection stems from her view of a (now superseded) General Order 45 which appears, by its adoption of E.D. Cal. Rule 9 (at the time) to contemplate the matter of discipline being initially determined by a standing disciplinary committee district.
Although the undersigned does not share the view of Ms. Weimheimer or her counsel concerning the viability of the above General Order, their indication that
...potential attorney misconduct which might result in serious implications to an attorney's career should be reviewed by an organization generally tasked with overseeing attorney activities...
has merit.
Therefore, the undersigned will forego any further personal investigation or action concerning Ms. Weinheimer's potential misconduct; the decision now is to simply refer the matter to the State Bar of California and/or the CJA Panel (see General Order 323) for whatever investigation/proceeding they deems appropriate. Ms. Weinheimer has requested that the matter be referred to the CJA Panel administered by the Federal Defender Office of this District.
The undersigned has given considerable thought to this matter. The matter at hand involving the conduct of Ms. Weinheimer in the above captioned case is troubling not only because of her 14 year delay in seeking exhaustion of an issue in the state courts after petitioning this court for a stay of the above captioned habeas case, but also because of her apparent misrepresentations to her client concerning the "progress" in the case.
Because Ms. Weinheimer is presently a member of the CJA Panel for habeas cases, and because that Panel has been entrusted by our District with disciplinary investigations/adjudications of attorney misconduct matters, the undersigned believes that the Panel is the forum, initially at least, to which this potential disciplinary matter should be referenced.
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk is directed to copy and send ECF Nos. 27, 29, 32, 34, 35, 40, 45, 46, 47, 48 in the above captioned case as well as this order to the Federal Defender, Eastern District of California for CJA Panel investigation/adjudication of the Weinheimer misconduct matter.
2. The Federal Defender, or appropriate designee, shall inform the undersigned and the Chief Judge of this District, within 45 days, of the outcome of the CJA Panel investigation in the Weinheimer matter. Any requests for an extension of time shall be directed to the undersigned.
3. Nothing in this order precludes petitioner from seeking such further relief as petitioner may deem appropriate, including reference to the State Bar of California. Petitioner's counsel shall serve a copy of his order on petitioner himself.
4. This order resolves the order to show cause, ECF No. 47.
5. The Clerk shall serve this order on all counsel who have appeared at any time in this matter and, as noted above, the Federal Defender. The Clerk shall also serve the Chief Judge of this District, the Honorable Morrison C. England.
6. The Clerk shall change respondent in this case from Terhune to Jeffrey Beard.