David Cameron Carr, at KafkaEsq., has thoughts on the State Bar of California's Discipline Standards Task Force and on the comment by the Bar's Executive Director that some want the disciplinary standards to move in a more punitive direction. Excerpt:
It’s a worn out cliche but the Supreme Court is the 800 pound gorilla in the room. Except it wasn’t in the room. The Supreme Court’s representative to Discipline Standards Task Force, the protean Beth Jay, did not attend either meeting. Whether this reflects a lack of interest or an aversion to open meetings is unknown (the ED was kind of enough to warn the Task Force members about the open meeting laws at the first meeting.) To paraphrase my comment to the Task Force, their scope of action is entirely circumscribed by Supreme Court authority. Unless they signal a change in direction, the State Bar cannot endorse discipline as punishment.