Jerome B. Rosenthal, Esq. v. Joseph L. Carr

Jerome Rosenthal appeals the dismissal of his suit brought under 42 U.S.C. § 1983 to enjoin Joseph Carr, the Trial Examiner for the California State Bar, from proceeding with a disciplinary action filed against Rosenthal until the State Bar appoints counsel to represent him. We affirm.

Appellant Rosenthal is a California attorney against whom disciplinary proceedings are pending before the State Bar. Formal hearings were scheduled to commence, and did commence, on March 17,1976. Appellee Carr is acting as the State Bar’s “Trial Examiner” for the purpose of prosecuting the proceedings against Rosenthal. Prior to the commencement of the formal hearings, Rosenthal applied to the State Bar for appointment of counsel to represent him alleging 1) that he was financially unable to retain counsel and 2) that his health prevented him from being able to adequately represent himself. The State Bar denied the application and the Supreme Court of California denied interim review.

On February 26, 1976, Rosenthal filed this suit for preliminary and permanent injunctions and for declaratory relief under 42 U.S.C. § 1983 . He seeks to enjoin Carr from proceeding with the disciplinary hearings…