A. Wallace Tashima, United States District Judge v. Administrative Office of the United States Courts L. Ralph Mecham, Director

Good Law
92 Daily Journal DAR 8306·967 F.2d 1264·1992 WL 135034·1992 U.S. App. LEXIS 13960·92 Cal. Daily Op. Serv. 5214
United States Court of Appeals for the Ninth CircuitJune 19, 199289-55906California5,651 words

Opinion

Opinion

Wiggins, J.

L. Ralph Mecham, Director of the Administrative Office of the United States Courts (“AO”), appeals the district court’s declaratory judgment directing the Administrative Office to pay legal expenses incurred by Judge Tashima. Judge Tashima was represented by private counsel in three suits in which the validity of a local district court rule was disputed. This court has jurisdiction over this timely appeal under 28 U.S.C. § 1291 . We affirm the district court’s judgment.

BACKGROUND

By majority vote, the judges of the Central District of California adopted Local Rule 2.2.1 which, in connection with Local Rules 2.1 and 2.2.3.2, provides that an attorney who lives or is regularly engaged in business in California may perform as an attorney in the court only if the attorney is a member of the California state bar. Such an attorney may not appear pro kac vice.

In 1987 and 1988, respectively, two suits were filed in the Federal District Court for the Central District of California challenging the constitutionality of Rule 2.2.1. Maynard v. United States Dist. Ct, 701 F.Supp. 738 (C.D.Cal.1988) aff'd, 915 F.2d 1581 (9th Cir.1990) and Giannini v. Real, 711 F.Supp. 992 (C.D.Cal.1989)…

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