Facts: Petitioner Cyrus Sanai was disbarred after a hearing held by the respondent Washington State Bar Association’s disciplinary committee following allegations of frivolous litigation, disobedience of court orders, and conduct prejudicial to the administration of justice. Sanai subsequently appealed the committee’s decision to the Supreme Court of Washington, asserting that the hearing officer had acted improperly and denied him the opportunity to be heard in refusing his request to delay the hearing for medical reasons, which resulted in the hearing being held in Sanai’s absence.

Question(s): Did the hearing officer abuse their discretion in refusing Sanai’s request to delay the hearing?

Conclusion: Justice Madsen’s opinion for the Court concluded that the hearing officer had, in light of the need for prompt disposition of the case, the needs of and possible prejudice to the parties involved, the prior history of the case, and other material factors abused their discretion in rejecting Sanai’s request as Sanai had provided a doctor’s note and extensive medical testimony that detailed the reasons for his inability to appear. Thus, the Court vacated the disciplinary committee’s decision and remanded the case.

[Original Docket Number: 200,560-8]

Docket No. 200,578-1 (from WSBA Case No. 32347)

Petitioner: Fredric Sanai

(Counsel: Shawn Timothy Newman and Cyrus Sanai)

Respondent: Washington State Bar Association

(Counsel: Linda Briggs Eide)

Argument: Thursday, March 20, 2008 1:30pm

[Source: TVW, http://tvw.org]

Reargument: Tuesday, June 23, 2009 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, December 24th, 2009

Prevailing Party: Fredric Sanai (Petitioner)

Vote: 5-4

Citation: Pending

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen

Sanders

Chambers

Owens

Fairhurst

Johnson

Stephens

Opinion

Dissent