Doe

MEMORANDUM OF OPINION AND ORDER.

This is a suit to enjoin disciplinary proceedings of the State Bar of California (“State Bar”) against one John Doe on the grounds that they violate the due process clause of the Fourteenth Amendment. Both plaintiffs are members of the State Bar and plaintiff Richard H. Foster is Mr. Doe’s attorney. Defendants are the State Bar, Michael E. Wald, a member of the State Bar investigation committee in Doe’s district, and David L. Frey, Jr., a State Bar Examiner assigned to investigate Doe’s case.

The rules governing State Bar disciplinary proceedings in California are set forth in the Rules of Procedure of the State Bar of California (1976). Complaints are presented to the disciplinary enforcement department of the State Bar, Rule 10.10, where a staff attorney reviews them. If the staff attorney concludes that “there is no legal ground for the action * * * or there is lack of sufficient proof to support a determination of probable cause,” he may terminate the action. Rule 11.10. If the staff attorney feels he needs more information, he may notify the member of the conduct being investigated and request a written explanation. Id. If the matter is not…