In Re Corrinet
645 F.3d 1141
9th Cir.2011Background
- Corrinet, a California attorney, moved to Oregon and sought to sit for the Oregon bar exam but was initially barred from sitting.
- In 2002 Corrinet was admitted to practice before the District of Oregon despite a local rule requiring active Oregon Bar membership.
- A district judge later allowed Corrinet to continue in a case while he sought Oregon State Bar admission, but never admitted him to the state bar.
- After Corrinet failed to obtain Oregon State Bar membership, the district court revoked Corrinet's federal bar membership under Local Rule 83-2.
- Corrinet timely appealed, challenging the district court’s revocation as a final disciplinary decision and arguing due process and rule-violation defects.
- The Ninth Circuit reversed and remanded, holding the revocation resembled a disbarment and requiring due process and adherence to local rules; the dissent argued there was no disbarment and that jurisdiction did not lie.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review revocation versus admission denial | Corrinet argues the order is a disbarment reviewable on appeal. | Oregon's order was an admission-denial matter not ordinarily appealable. | The revocation is appealable as a disbarment-like final decision. |
| Due process in the revocation proceeding | Corrinet contends notice and a fair hearing were deficient under due process standards. | District court followed procedures and local rules in disciplinary matters. | District court failed to provide proper notice, ignored local rules, and deprived Corrinet of a fair opportunity to respond. |
| Compliance with District of Oregon local rules | Corrinet was not given a proper order to show cause and lacked adequate time to respond. | Local rules were intended to regulate, not deny rights unjustly. | Cursory adherence to rules did not cure procedural flaws; revocation violated local rules. |
| Characterization of the district court action | The action was a disbarment-type sanction, not an ordinary admission-denial ruling. | The action was an eligibility determination under local rules. | Action resembled disbarment and thus is subject to appellate review. |
| Remand remedy | Corrinet should be reinstated or allowed to pursue Oregon admission with proper process. | Remand would allow re-evaluation under proper procedures. | Reversed and remanded for proceedings consistent with due process and local rules. |
Key Cases Cited
- In re Wasserman, 240 F.2d 213 (9th Cir. 1956) (routine admission-denial orders not final; no appeal)
- Gallo v. U.S. Dist. Ct. for the Dist. of Ariz., 349 F.3d 1169 (9th Cir. 2003) (denial of waiver from local rules not a final appealable order)
- In re North, 383 F.3d 871 (9th Cir. 2004) (review of suspension/disbarment; jurisdiction for final order)
- In re Snyder, 472 U.S. 634 (1985) (disbarment requires due process and notice)
- Weissman v. Quail Lodge, Inc., 179 F.3d 1194 (9th Cir. 1999) (due process and adherence to court rules in disciplinary actions)
