Does the absence of an attorney from a State Bar hearing constitute an obligation of the accused attorney to attend the hearing?

California, United States of America


The following excerpt is from Palomo v. State Bar, 205 Cal.Rptr. 834, 36 Cal.3d 785, 685 P.2d 1185 (Cal. 1984):

Moreover, contrary to petitioner's contention, State Bar proceedings cannot be compared to criminal actions, and criminal procedural safeguards do not apply. Generally, an accused attorney has the obligation to obtain representation if he wants it, to appear at the hearing, and to present evidence. The hearing may proceed despite his voluntary absence, and his failure to participate is not grounds for a rehearing to present additional evidence. (Yokozeki v. State Bar (1974) 11 Cal.3d 436, 447, 113 Cal.Rptr. 602, 521 P.2d 858, and cases cited.)

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