California Supreme Court Watch

#21-436 Los Angeles Times Communications, LLC v. State Bar of California, S269401. Original proceeding. The court issued an order to show cause why the relief sought in the petition should not be granted. This case presents the following issues: (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”?

Order to show cause issued: 9/01/2021

Case fully briefed: 11/17/2022

Dismissal order filed: 6/21/2023

Review was dismissed at the request of the parties in light of the settlement of the matter.