Thurbon v. Gateway Unified Sch. Dist., No. 12-15104 (9th Cir. 2014)
Annotate this CaseAppellant, an attorney, appealed the district court's order finding that he committed ethical violations, and disqualifying him from representing plaintiff in a pending action against Gateway. Appellant's violations stemmed from his use of knowledge gained from questionably-obtained emails to prepare a public records request. The court dismissed the appeal for lack of jurisdiction because the ethical violations are intertwined with the disqualification order and the United States Supreme Court has held that disqualification is not subject to interlocutory appeal.
Court Description: Sanctions / Appellate Jurisdiction. The panel dismissed for lack of jurisdiction an attorney’s appeal from an order finding that he committed ethical violations, and disqualifying him from representing the plaintiff in a wrongful termination action. The panel held that it lacked jurisdiction because the ethical violations were intertwined with the disqualification order, and disqualification is not subject to interlocutory appeal.
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