Ethics
Disbarment recommended for ex-Trump lawyer Eastman by State Bar Court of California panel
Attorney John Eastman leaves after speaking to the media outside the Fulton County Jail in Atlanta, where he was booked Aug. 22, 2023. His attorney David Wolfe speaks to press in the background. (Photo by Arvin Temkar/The Atlanta Journal-Constitution via the Associated Press)
Ex-Trump lawyer John Eastman has moved another step closer to disbarment, as a unanimous three-judge panel of the State Bar Court of California’s review department affirmed earlier findings that he was culpable of 10 counts of misconduct relating to his representation of President Donald Trump during and after the 2020 election.
“In a democracy nothing can be more fundamental than the orderly transfer of power that occurs after a fair and unimpeded electoral process as established by law,” the review department said in its June 13 opinion. “In this disciplinary matter, we consider the appropriate discipline to recommend to the California Supreme Court when an attorney, who has sworn to uphold the laws and constitutions of the state of California and the United States, attempts to actively undermine the results of an election to the most powerful office in the United States.”
Reuters and Law.com have coverage.
In March 2024, Judge Yvette Roland of the State Bar Court of California—the administrative arm of the California Supreme Court—recommended that Eastman be disbarred. According to previous reporting by Law.com, Roland wrote that “Eastman’s actions transgressed … ethical limits by advocating, participating in and pursuing a strategy to challenge the results of the 2020 presidential election that lacked evidentiary or legal support.” As a result, his law license also was suspended.
The State Bar of California’s chief trial counsel charged Eastman with multiple disciplinary counts in January 2023.
Eastman spoke at Trump’s “Stop the Steal” rally Jan. 6, 2021, and wrote two memos to support the bogus theory that former Vice President Mike Pence had the power to reject certified state electors and reverse Trump’s 2020 election loss. He also represented Trump in a lawsuit at the U.S. Supreme Court that aimed to invalidate votes in four states where Trump falsely claimed that there was evidence of voter fraud, according to Reuters.
Eastman initially faced 11 disciplinary charges under the state’s business and professions code, with the California bar accusing him of acts of “moral turpitude, dishonesty or corruption.”
On Friday, the State Bar Court of California’s review department agreed that Eastman “consistently failed to be honest” in his dealings with the courts, the public, and Pence and his staff.
It rejected Eastman’s claims that adverse pretrial rulings and the judge’s bias and conduct in his trial violated his due process rights.
“Eastman states his case is unique, calling it ‘the most politicized disbarment proceeding in California’s history,’ but his belief is not evidence, nor does it create an appearance of impropriety regarding the hearing judge,” the opinion said. “Because he identifies no evidence other than his subjective belief, we reject his claims of bias as speculative and conclusory.”
The review department also rejected Eastman’s assertions that the First Amendment provided him free speech protections.
“While attorneys have a First Amendment right to make statements in public in the course of their professional duties, this right does not extend to making knowing or reckless false statements of fact or law,” the opinion said.
The State Bar Court of California’s review department said it recommended that Eastman be disbarred because of “the serious nature and extent of Eastman’s misconduct and the weight of aggravating circumstances in relation to mitigation.”
It also said “disbarment is necessary to protect the public, the courts and the legal profession.”
Eastman’s lawyer Randall Miller of Miller Waxler told Law.com that they would appeal the decision.
“The decision is an unconstitutional abuse of power against lawyers and the legal system, diminishes the profession’s revered independence, and will chill attorneys from representing clients in unpopular or controversial matters, especially those that are inimical to the government,” Miller said.
George Cardona, the State Bar of California’s chief trial counsel, also provided a statement to Law.com. He called the ruling “a powerful and timely reminder that whoever they are and whoever they represent, attorneys must remain true to the ethical rules that govern their conduct and respect the rule of law.”
The California Supreme Court, which has the final say on recommended attorney discipline, will now review Eastman’s case.
See also:
Criminal charges add twist to Trump lawyers’ disciplinary cases
Former Chapman law prof says ex-dean knew of his work for Trump; 2 students were ‘thrilled’ to help
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