CGBSpender
Former Member
- Joined
- Jun 20, 2023
- Messages
- 278
- Reaction score
- 2,210
I am not buying what they are selling about not having notice that this was going down. BR sent that Ex Parte letter on October 12th to JG...at that point they already knew that NM had recommended they be removed...and he was giving his side of the situation...AB's lawyer subsequently did the same thing with his filing prior to the 19th. I guess the question I have is...was the former D entitled to notice of any such hearing? Isn't the process simply the Judge investigating the facts, and making a ruling...and if the D and client disagree...they file an interlocutory appeal? I could be totally wrong, but I didn't think this administrative process called for notice and an opportunity for the D to present information at that juncture?I don't think so. This is speculation only but is speculation based on these facts: The defense had no indication there would be a hearing on the matter on 10/19. There was no filing. No notice. No opportunity to prepare, including subpoenaing him. (ETA: Though I suppose it is possible they asked him to come voluntarily in case he was needed. That's always a possibility but I would think this would have been mentioned in the second writ brief filed in yesterday's new action)
jmo
JMO