Jacobs V. State Bar Of California

We consider whether superior courts have jurisdiction to review proceedings which a local committee of the State Bar has undertaken in connection with the preliminary investigation of attorney misconduct. Specifically, we must decide whether the superior courts, on application by the attorney under investigation, may inquire into the validity of a subpoena duces tecum issued by a local committee despite the fact that the committee has not yet sought judicially to enforce the subpoena. As will appear, we conclude that by reason of their limited statutory jurisdiction over such preliminary investigations, superior courts have no authority to review the validity of such subpoenas until the State Bar or its local committee seeks enforcement thereof.