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State Bar & Bar Associations

Sep. 21, 2023

State Bar argues it’s entitled to sovereign immunity

Several judges appeared skeptical of the State Bar’s position, with 9th Circuit Judge Gabriel P. Sanchez, an appointee of President Joe Biden, calling Dewar’s argument “creative” but saying there was no statute that would require the state to pay the bar’s liabilities.

An attorney for the California State Bar leaned heavily on a ruling written by U.S. Supreme Court Justice Brett M. Kavanaugh in oral arguments Wednesday to the 9th U.S. Circuit Court of Appeals that the agency is entitled to sovereign immunity.

The en banc panel peppered State Bar attorney Brady R. Dewar and Gregory R. Michael, a lawyer representing a plaintiff suing for violations of the Americans with Disabilities Act, with questions abou...

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