California CodesBusiness and Professions Code - BPCDivision 3 — Professions and Vocations GenerallyChapter 4 — AttorneysArticle 5 — Disciplinary Authority of the Board of GovernorsSection 6085

Any person complained against shall be given fair, adequate, and reasonable notice and have a fair, adequate, and reasonable opportunity and right:

(a) To defend against the charge by the introduction of evidence.

(b) To receive any and all exculpatory evidence from the State Bar after the initiation of a disciplinary proceeding in State Bar Court, and thereafter when this evidence is discovered and available. This subdivision shall not require the disclosure of mitigating evidence.

(c) To be represented by counsel.

(d) To examine and cross-examine witnesses.

(e) To exercise any right guaranteed by the California Constitution or the United States Constitution, including the right against self-incrimination.

He or she shall also have the right to the issuance of subpoenas for attendance of witnesses to appear and testify or produce books and papers, as provided in this chapter.

Notes

Requires a person facing State Bar discipline to receive fair notice and an opportunity to defend with evidence, obtain exculpatory evidence after proceedings begin, have counsel, examine and cross-examine witnesses, invoke constitutional rights, and subpoena witnesses and documents. The exculpatory-evidence right does not require disclosure of mitigating evidence.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 6085 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-4/article-5/section-6085

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