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OBERHOLZER v. COM'N ON JUDICIAL PERFORMANCE

No. S064923.

84 Cal.Rptr.2d 466 (1999)

975 P.2d 663

20 Cal.4th 371

Richard J. OBERHOLZER, a Judge of the Superior Court, Petitioner, v. COMMISSION ON JUDICIAL PERFORMANCE, Respondent.

Supreme Court of California.

May 13, 1999.

Attorney(s) appearing for the Case

Lewis, D'Amato, Brisbois & Bisgaard, James E. Friedhofer, San Diego, and Lisa K. Roberts, for Petitioner.

Jack Coyle, San Francisco, for Respondent.

BY THE COURT:

This original writ proceeding presents the following issues: (1) whether the Commission on Judicial Performance (Commission) has authority to issue a confidential advisory letter (commonly known as a "stinger" letter); (2) whether the issuance of such a letter amounts to "discipline" that implicates a judge's right to due process of law; (3) whether such a letter may be issued based upon a perceived legal error committed by a judge; and (4) whether petitioner...

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