John Eastman, the attorney who faces possible disbarment by the California Supreme Court for his role in trying to overturn President Biden’s 2020 election, in March designated former California Supreme Court Justice — and former federal Court of Appeals Judge — Janice Rogers Brown as one of seven expert witnesses in the State Bar’s disciplinary proceedings against him. The Office of Chief Trial Counsel of the State Bar objected.

On Tuesday, a State Bar Court judge agreed with the OCTC.

In their expert witnesses designation, Eastman’s attorneys said that Brown was “expected to testify regarding her opinion that the California State Bar seems to be moving into unchartered [sic] territory with seeking to discipline an attorney on one side of a contentious legal fight.” The judge’s order says, “Judge Brown’s opinion regarding the unprecedented nature of OCTC pursuing charges against Respondent is not relevant to the court’s determination of Respondent’s culpability for violating the Rules of Professional Conduct or Business and Professions Code.”

[May 26 update: Link to State Bar Court judge’s order added.]


James Mills on Law360 — Ex-Circ. Judge, Law Prof Barred From Eastman’s Ethics Case

John Eastman designates former Justice Janice Rogers Brown as an expert witness in his disciplinary proceeding

Former justices join call for State Bar disciplinary investigation of former president’s lawyer