Weekend Open Thread

We’re not sure what happened yet – he either didn’t show up for the fifth day of the hearing (after participating in the fourth day’s events), or he walked out. Either way he defaulted on his appearance to the hearing, you know, even though he told me they had no grounds upon which to base a disbarment, what with his stellar record, his Oxford education and his inherent brilliance. Regardless, some order has been restored to the universe.

Rule 5.81 Default Procedure for Failure to Appear at Trial
(A) Default for Failure to Appear at Trial. If the member fails to appear in person or by counsel at the trial, the Court must order the entry of the member’s default, if:
(1) the notice of disciplinary charges was served on the member under rule 5.25; and
(2) notice of trial was served by the Court by first class mail, postage paid, on:
(a) the member’s counsel;
(b) the member at the address provided in the response or in a change-of-address notice filed by the member (if the member has no counsel);
(c) the member’s address in the State Bar’s membership records (if the member has no counsel and has not provided any other address); or
(d) an address allowed by rule 5.26.

(B) Order Entering Default. The Court must order the Clerk to promptly file and serve the default order on all parties. Service must comply with rule 5.25. The order must include the following language in prominent type: “Because you failed to appear at trial, the Court has entered your default and deemed the facts alleged in the notice of disciplinary charges admitted. Except as ordered by the Court, you may participate in these proceedings only if the Court sets aside your default. If you fail to timely move to set aside your default, this Court will enter an order recommending your disbarment without further hearing or proceeding. (See rule 5.80 et seq., Rules of Procedure of the State Bar of California.)” (C) Effects of Default on Trial. If the Court determines that the perpetuation of evidence is pertinent to any future inquiry into the member’s conduct or qualification to practice law, or if other good cause is shown, the trial may proceed for such limited purpose.

That Boehner chick announced her retirement from Congress today, so the good news just keeps coming.

But, here’s your open thread for the weekend.

Category: Open thread