MacK

MacK v. State Bar of Cal.

Good Law
112 Cal. Rptr. 2d 341·2001 Cal. App. LEXIS 788·2001 Daily Journal DAR 10769·92 Cal. App. 4th 957·2001 Cal. Daily Op. Serv. 8689
Court of Appeal of CaliforniaOctober 5, 2001B143068California3,004 words

Opinion

Opinion

Willhite, J.

Plaintiff Michael J. Mack appeals from the order dismissing his complaint against the State Bar of California after the court granted the State Bar’s motion for judgment on the pleadings. For the reasons set forth below, we affirm the order.

Facts and Procedural History

Plaintiff and appellant Michael J. Mack (Mack) is an attorney licensed to practice law in California. In 1994, defendant and respondent the State Bar of California (State Bar) filed disciplinary charges against Mack. On January 20, 1995, Mack stipulated to the facts alleged in the State Bar’s complaint and agreed to accept a private reproval as discipline for his misconduct. In exchange, the State Bar agreed to dismiss four of the five pending charges.

An attachment to the stipulation cautioned Mack that even though the reproval was private, it was still a matter of public record: “The parties understand that although this reproval is termed ‘private,’ it arises in a public proceeding. Although the State Bar of California will not affirmatively provide any publicity to the disposition, the file, including the stipulation, [and] any order approving it, in this case will remain public and will be…

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