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Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument ...
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the ...
Justice Scalia, in a concurrence, suggests that the decision in Faretta does not apply strictly to the question before the court since in the case McKane v. Durston, 153 U.S. 684-688 (1894), the court decided that "there was no constitutional right to an appeal." [3]
“The court will not justify or excuse the false and disparaging attacks on the Superior Court, and further it would be disrespectful to all the attorneys in this state who follow the [Rules of ...
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden ...
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
The State Bar Court judges are nominated by a variety of individuals and bodies. Two of its five hearing judges are appointed by the California Supreme Court, and the remaining three are each selected by the Governor, Speaker of the Assembly and Senate Committee on Rules in turn; these judges constitute the Hearing Department, which is the trial level of the State Bar Court. [3]
State attorneys argued at trial Miller violated the Unruh Civil Rights Act, which says all people, regardless of sexual orientation, must be given equal services at all businesses.