Obrien v. Jones

In Obrien v. Jones (2000) 23 Cal.4th 40, the California Supreme Court described the duties of a hearing judge of the State Bar Court. "Pursuant to the rules promulgated by the bar, hearing judges conduct evidentiary hearings on the merits in disciplinary matters and render written decisions recommending whether attorneys should be disciplined. A decision of the Hearing Department is reviewable by the Review Department at the request of the disciplined attorney or the State Bar. The Review Department independently reviews the record and may adopt findings, conclusions, and a decision or recommendation at variance with those of the hearing judge. A recommendation of suspension or disbarment, and the accompanying record of the proceedings in the State Bar Court, are transmitted to this court after the State Bar Court's decision becomes final. The affected attorney or the State Bar Chief Trial Counsel may file a petition requesting that this court review, reverse, or modify the recommended discipline. We independently examine the findings and conclusions of the State Bar Court in light of the entire record and determine whether to impose the discipline recommended by the State Bar Court. " (Id. at pp. 44-45.)