MacIas

ORDER RE SANCTIONS AND REFERRAL FOR ATTORNEY DISCIPLINE

Defendants’ motion for sanctions came on for hearing on May 19, 2004 before this court. Defendants (“the state”) appeared through their counsel, Michael German, and plaintiff appeared through her counsel, Jeff Price. Having read the papers and carefully considered the relevant legal authority and oral argument, the court hereby rules as follows and for the reasons stated at the hearing.

The motion for sanctions based on plaintiffs counsel having unreasonably and vexatiously multiplied the proceedings is DENIED, for the reasons stated at the hearing. Specifically, the state has not shown that Price took any of the identified actions in bad faith, which is required for sanctions both pursuant to the court’s inherent power and 28 United States Code § 1927 . See, e.g., B.K.B. v. Maui Police Dept., 276 F.3d 1091, 1107 (9th Cir.2001); Fink v. Gomez, 239 F.3d 989, 993 (9th Cir.2001) (bad faith showing required for both § 1927 and inherent powers sanctions).

However, as discussed at the hearing, the court is deeply concerned about Mr. Price’s unauthorized practice of law before this and other federal district courts in California.…