Hoffman

Hoffman v. State Bar of California

Good Law
113 Cal. App. 4th 630·2003 Cal. App. LEXIS 1729·2003 Daily Journal DAR 12637·6 Cal. Rptr. 3d 592·2003 Cal. Daily Op. Serv. 10094
Court of Appeal of CaliforniaNovember 21, 2003A101491California9,767 words

Opinion

Opinion

Reardon, J.

Appellant Louis J. Hoffman, a resident of Arizona and member of the Arizona State Bar, practices law at his law firm in Scottsdale, Arizona. A patent law specialist, he does some election law work on a pro bono basis as well. Hoffman is also an active member of respondent State Bar of California (State Bar) and has practiced law in California on occasion. He wants to vote, and run, for respondent State Bar Board of Governors (Board), but he cannot. California law dictates that only active members of the State Bar who maintain their principal law offices in the respective State Bar districts can vote, or run as candidates, for the Board. (Bus. & Prof. Code, §§ 6015, 6018.) There is no out-of-state district in California. (§ 6012.5.)

Hoffman has challenged these statutes under the equal protection and free speech clauses of the United States and California Constitutions, in federal and then state court. He lost both times. On appeal, Hoffman argues that we must strictly scrutinize the statutes against his charges of equal protection infirmity. We reject this claim and, testing instead for a rational basis, determine that the statutes survive constitutional inspection.…

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