What is the burden upon one seeking review of a recommendation of a disciplinary board?

California, United States of America


The following excerpt is from Cutler v. State Bar of Cal., 455 P.2d 108, 71 Cal.2d 241, 78 Cal.Rptr. 172 (Cal. 1969):

Yes. The burden is upon one seeking review of a recommendation of a disciplinary board to show that its findings are not supported by the evidence or that its recommendation is erroneous or unlawful. (McKinney v. State Bar, 62 Cal.2d 194, 195(2), 41 Cal.Rptr. 665, 397 P.2d 425.) In the present case, petitioner has not sustained this burden.

The two matters herein reviewed were heard by different trial committees, each proceeding independently of the other. They were argued before the disciplinary board at the same time, but the board acted separately on each proceeding as if each were an isolated case. It is appropriate, however, for this court to consider the two matters together even though there was been no formal consolidation of records. (See Resner v. State Bar, 53 Cal.2d 605, 613(4), 2 Cal.Rptr. 461, 349 P.2d 67.)

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