What is the effect of the California Bar Review Department's findings and recommendations on discipline for a barrister?

California, United States of America


The following excerpt is from Rimel v. State Bar, 192 Cal.Rptr. 866, 34 Cal.3d 128, 665 P.2d 956 (Cal. 1983):

Petitioner concedes that his misconduct warrants discipline, the sole question being the nature and extent thereof. Initially, petitioner urges that great weight be given to the hearing panel's findings and recommendations. However, we have held that the review department's recommendations regarding discipline must be given greater weight than those of the hearing panel. (Toll v. State Bar (1974) 12 Cal.3d 824, 831, 117 Cal.Rptr. 427, 528 P.2d 35.) Of course, the ultimate decision remains with us. (Garlow v. State Bar (1982) 30 Cal.3d 912, 917, 180 Cal.Rptr. 831, 640 P.2d 1106.)

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