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Joseph R. Giannini v. Manuel L. Real A. Wallace Tashima

Citations: 911 F.2d 354; 1990 U.S. App. LEXIS 14098; 1990 WL 116948Docket: 89-55466

Court: Court of Appeals for the Ninth Circuit; August 16, 1990; Federal Appellate Court

Narrative Opinion Summary

The case involves an attorney challenging the constitutionality of the California Bar Examination and the requirement that attorneys must be members of the California State Bar to gain admission to federal district courts in California. The plaintiff, who passed bar exams in other states but failed the California bar twice, alleged violations of the Fourteenth Amendment's Due Process and Equal Protection Clauses, as well as claims under the Privileges and Immunities Clause and the Commerce Clause. He also filed claims under 42 U.S.C. §§ 1983 and 1985 for damages, alongside state law claims for breach of contract and fraud. The district court dismissed these claims, citing res judicata and the plaintiff's failure to establish constitutional violations. The dismissal was affirmed on appeal, with the court finding the bar examination process and local federal court rules constitutional, applying rational basis scrutiny. The court also rejected claims that the bar admission process violated the right to travel or unreasonably interfered with interstate commerce. The plaintiff's motions for summary judgment, preliminary injunction, and other relief were denied, upholding the authority of California and federal courts to set bar admission standards.

Legal Issues Addressed

Claims under 42 U.S.C. §§ 1983 and 1985

Application: The plaintiff failed to establish a deprivation of constitutional rights, resulting in the dismissal of claims under these statutes.

Reasoning: His failure to establish a constitutional violation results in the dismissal of his § 1983 claim.

Commerce Clause and Bar Admission Requirements

Application: The court held that requiring out-of-state attorneys to pass the California bar does not unreasonably interfere with interstate commerce.

Reasoning: However, the court maintains that requiring out-of-state attorneys to pass the California bar does not constitute an unreasonable interference with interstate commerce.

Constitutionality of California Bar Examination

Application: The court found the California Bar Examination and its grading process constitutional, rejecting claims that it violates the Equal Protection Clause due to high failure rates.

Reasoning: The district court found both the examination and the local rules constitutional, a decision that was affirmed on appeal.

Due Process in Bar Admission

Application: The court determined that procedural due process was afforded to the plaintiff through the availability of exam review and petitions to the California Supreme Court.

Reasoning: The court concluded that he was afforded the procedural due process required under the Fourteenth Amendment.

Equal Protection in Bar Examination

Application: The claim that the bar exam discriminates on the basis of failure rates was assessed under a rational basis test, as it does not affect a fundamental right or a suspect class.

Reasoning: The court rejected this argument, stating that the bar examination does not affect a fundamental right or discriminate against a suspect class, thus applying a rational basis test instead.

Local Rules of Federal District Courts

Application: The court upheld local rules requiring attorneys to be members in good standing of the California State Bar as a condition for federal district court admission.

Reasoning: The district court's decision affirming these local rules was upheld, confirming they fall within the court's authority to establish local rules.

Right to Travel and Bar Admission

Application: The court found no violation of the right to travel as there was no disparate treatment for non-residents in bar admission requirements.

Reasoning: Giannini, a California resident, asserted that his right to travel was violated, claiming this right stems from the Commerce Clause.