State Supreme Court asks LA Times, State Bar to show cause in Girardi discipline suit

The California Supreme Court issued an order Wednesday to show cause in a Los Angeles Times lawsuit against the State Bar, asking for the release of Thomas V. Girardi's disciplinary records.

The Times petitioned the Supreme Court in July to order the State Bar to release records related to any investigations into Girardi's alleged misconduct. Girardi has been accused of taking client money and using it for personal benefit. The State Bar denied The Times' multiple requests to release the information. Los Angeles Times Communications v. State Bar of California, S269401

The court asked the parties to address three questions: does the court have the authority to reverse the bar's decision, can bar officials disclose confidential information and is the disclosure possible under a confidentiality waiver?

Davis Wright Tremaine partner Kelli Sager, who is representing The Times, argued in the petition that intervention is needed in part because of Girardi's close connections with State Bar officials.

"Given Girardi's long-standing close relationship with State Bar officials, and his prominence in California legal circles, these questions have profound significance for public trust in the state's legal regulatory system," Sager wrote in the petition.

The State Bar's opposition expressed concern over making confidential, internal investigations public and the effect that could have on other attorneys.

"Rather it implicates the broader important public interest rationales behind the confidentiality of State Bar records for all attorneys and witnesses in discipline investigations and, ultimately, the integrity and efficiency of a discipline system whose primary goal is the protection of the public," the State Bar's response stated.

In a statement Wednesday, State Bar spokeswoman Teresa Ruano said if the court determines the records can be released, the bar will comply.