Document Type
Article
Publication Date
2025
ISSN
1533-4686
Publisher
Washington University School of Law
Language
en-US
Abstract
California Business & Professions Code § 6086.7(a)(2) provides that a court shall notify the State Bar “[w]henever a modification or reversal of a judgment in a judicial proceeding is based in whole or in part on the misconduct, incompetent representation, or willful misrepresentation of an attorney.” Some California judges now interpret this provision as mandating referral to the State Bar in any case in which a new trial or withdrawal of a plea is granted due to ineffective assistance of counsel. This interpretation directly conflicts with an attorney’s continuing duty to her former client. It is unnecessary and has profoundly deleterious consequences to the integrity of the criminal process.
Recommended Citation
Tigran W. Eldred & David M. Siegel,
The Perverse Effects of Mandatory Judicial Reporting to Bar Authorities of Ineffective Assistance of Counsel Determinations
,
77
The Washington University Journal of Law & Policy
244
(2025).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/4155
