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Constitutional Law,
Government,
U.S. Supreme Court

Dec. 1, 2011

Prop 8: Did officials violate rules of professional conduct?

By refusing to defend Proposition 8, Gov. Jerry Brown and Atty. Gen. Kamala Harris may have violated their ethical duties.

Kris Whitten

Retired California deputy attorney gener

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It is gratifying that in Perry v. Brown (S189476, Nov. 17, 2011), the California Supreme Court unanimously confirmed that, because the state's governors and attorneys general failed to do so, the proponents of Proposition 8 have the right to defend the constitutional amendment in court. The Court did not actually take the governors and attorneys general to task for not doing their ethical and sworn duties to execute, enforce and defend California's Constitution and laws. Its restr...

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