Open Letter to State (Regulatory) Bars

The failure of the State Bar to adequately address instances of prosecutorial misconduct and its failure to function as a regulatory body controlled by a membership association have brought us to this impasse..

Failure to hold prosecutors accountable for misconduct

The State Bar has not taken sufficient action to hold prosecutors accountable for instances of misconduct. Prosecutorial misconduct undermines the principles of justice and erodes public trust in the legal system. Despite numerous reported cases of ethical violations, professional misconduct, and Brady violations committed by prosecutors, there appears to be an intentional lack of effective oversight and disciplinary measures.

The State Bar should thoroughly investigate allegations of prosecutorial misconduct and take appropriate disciplinary action when violations are substantiated. It is crucial that prosecutors, like any other legal professionals, are held to the highest ethical standards to ensure fair and just legal proceedings.

Failure to function as a regulatory body when controlled as a membership association

The State Bar is entrusted with the responsibility of regulating the legal profession and ensuring that its members adhere to professional standards. However, there is growing concern that the State Bar has lost sight of its core mission and has become disconnected from the needs and interests of its membership.

To maintain public confidence and ensure the integrity of the legal profession, it is imperative that the State Bar actively engages with its members, listens to their concerns, and takes appropriate action to address them. By fostering a transparent and accountable regulatory process, the State Bar can reinforce its role as a regulatory body that serves the best interests of both the legal profession and the public it seeks to protect.

Notice of intent to use the Brady List as a 3rd party overseer and platform of record

Given the aforementioned concerns, I intend to utilize the Brady List [] as a third-party overseer to ensure transparency and accountability in cases involving prosecutorial misconduct. The Brady List, which contains the names of prosecutors with a history of withholding exculpatory evidence, can provide valuable insights into potential patterns of misconduct.

I kindly request the State Bar's cooperation in sharing relevant information and facilitating access to the Brady List to support oversight efforts. By leveraging this resource, we can work towards identifying systemic issues and promoting a culture of ethical conduct within the legal profession.

Notice of intent to file complaints against attorneys supervised by the State Bar

In light of the State Bar's apparent failure/refusal to address prosecutorial misconduct and uphold its regulatory responsibilities, I am compelled to consider filing complaints against attorneys under the supervision of the Bar when credible evidence of misconduct is present. While this is not a step I take lightly, I believe it is crucial to advocate for the integrity of the legal profession and protect the rights of those affected by misconduct.

Notice of intent to file amicus briefs with trial courts

Furthermore, to support the accountability and oversight of prosecutors, Level Playing Field Solutions intends to file amicus briefs with trial courts in relevant cases. These briefs will include a Referral for Disciplinary Action from the presiding judge to the State Bar for disciplinary investigation when there is substantial evidence of prosecutorial misconduct. By actively participating in the legal process, I aim to ensure that the State Bar is made aware of potential misconduct and has the opportunity to take appropriate action.

I trust that the State Bar will recognize the gravity of these concerns and take immediate action to rectify the issues at hand. It is vital that the Bar restores public trust in the legal system by holding prosecutors accountable, actively engaging with its membership, and demonstrating its commitment to upholding professional standards.