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CA9: False statement in a motion to vacate makes court doubt CA AG's veracity

By John Wesley Hall, Jr.

In a civil case, changing positions in an appeal in a motion to vacate an opinion causes the Ninth Circuit to state that it doubts the veracity of the Attorney General of California. Not only has the Director now taken the exact opposite position regarding mootness, he has feigned ignorance of precisely the facts described in the above footnote. The California Rules of Professional Conduct prohibit members of the bar from misleading the judiciary through any false statement of fact or law. CALIFORNIA RULES OF PROFESSIONAL CONDUCT R. 5-200 (2009). We find the Director’s representation through the Attorney General that he only recently became aware of, in his words, the “jurisdictional problem” created by AB 1183, to be a clear violation of Rule 5-200, and gives us pause about accepting the veracity of future pleadings filed by the Attorney General on behalf of the Director, if not more generally...continue to full post

Full post as published by Law Of Criminal Defense on December 25, 2009 (boomark / email).