The California Supreme Court’s Decision in Sander v. State Bar of California

Dear Colleagues:

The Supreme Court of California issued its decision in Sander v. State Bar of California.

As anticipated by FPOC’s counsel, the core privacy issues were remanded to the trial court. Specifically, the Court held that there is a public interest in the information contained in the admissions database and the State Bar is required to provide it, so long as it can do so in a form that protects the privacy of applicants and does not unduly burden the State Bar. As the Court noted, there are questions of fact on “whether the information at issue can be provided in a form that does not breach the State Bar’s promises of confidentiality.”

However, “[b]ecause the trial court concluded that there was no legal basis for requiring disclosure of the admissions database, the parties did not litigate, and the trial court did not decide, whether and how the admissions database might be redacted or otherwise modified to protect applicants’ privacy and whether any countervailing interests weigh in favor of nondisclosure. Consequently, the Court of Appeal will be directed to remand the case to the trial court.”

FPOC looks forward to continuing to litigate this matter and protect our members’ compelling, and constitutionally protected, privacy interests.

Warmly,

Anthony Solana, Jr.
President & Chairperson
For People of Color, Inc.

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