Some thoughts at KafkaEsq about the retirement of California Supreme Court justice Joyce Kennard and her views on the law of lawyering. Excerpt:
Rose is perhaps one of the most important cases that you never heard of. The issue was whether an attorney has a right under the California Constitution to a judicial hearing before that attorney’s license is revoked for suspended. Justice Kennard, as usual, minced no words:
The majority’s decision here produces a startling anomaly: Attorneys are the only persons whose state occupational licenses can be revoked or suspended without a judicial hearing. When the right to continue practicing a trade or profession is at stake, only attorneys are denied their day in court. I would avoid this anomaly by recognizing that the state Constitution’s guarantees of oral argument and a written opinion apply in attorney suspension and disbarment proceedings.