In the Matter of John Henry Hunter (1994)
Procedural Modification Opinion
This decision does not impose new discipline. Instead, it modifies the Review Department’s prior probation revocation opinion in In the Matter of Hunter, 3 Cal. State Bar Ct. Rptr. 81 (1994), by correcting the procedure used to place respondent on inactive enrollment.
Background
In its August 4, 1994 opinion revoking respondent’s probation, the Review Department ordered respondent’s immediate involuntary inactive enrollment under Business and Professions Code section 6007(d).
Respondent moved for reconsideration, arguing that he was entitled to practice law at the time the opinion was filed and that immediate inactive enrollment was procedurally improper.
Holding
The Review Department agreed and held that:
- Immediate inactive enrollment under section 6007(d) is appropriate only where the respondent is already inactive (e.g., due to default).
- Where the respondent is entitled to practice at the time probation violations are found, the proper procedure is to issue an order to show cause with a short response period.
Order Issued
The court:
- Vacated, nunc pro tunc, the prior order placing respondent on immediate inactive enrollment;
- Issued an order to show cause requiring respondent to explain why he should not be enrolled inactive effective September 22, 1994;
- Clarified Review Department practice consistent with In the Matter of Sklar and distinguished In the Matter of Howard.
Practical Significance
This decision is frequently cited for the proposition that procedural due process must be observed even after probation violations are found. It draws a clear line between:
- Respondents already inactive (default cases), and
- Respondents still entitled to practice at the time of the Review Department’s opinion.
For practitioners, the case confirms that an order to show cause is required before inactive enrollment in probation revocation matters when the attorney is otherwise active.
Facing Probation Revocation or Inactive Enrollment?
Procedural errors in probation revocation and inactive enrollment can be outcome-determinative. If you are under State Bar investigation or probation review, contact East Bay Law P.C. for experienced California State Bar defense representation.