An en banc Ninth Circuit panel on December 6, 2023, confirmed that the State Bar of California enjoys sovereign immunity in the face of a lawsuit from an attorney. The plaintiff claims that the State Bar did not provide him with sufficient disability accommodations during the bar examination held during the COVID-19 period. The Ninth Circuit panel used this opportunity to modernize its methodology for deciding whether an entity can be considered an arm of the state.
This ruling reconfirms the standing of the State Bar in the legal system and reminds us of the entity’s significant autonomy. It establishes a precedent regarding the immune status of such institutions, strengthening their position against future lawsuits of a similar nature. It is also crucial to underline the revised procedure by the Ninth Circuit to determine if an entity reflects an extension of the state.
Legal professionals worldwide will closely observe this change, as it might influence future decisions on similar cases. This case serves as a vital reference point for institutions looking to understand and appraise their rights and immunities under the American Disabilities Act (ADA).
As reported by Law360, the verdict delivered by the Ninth Circuit not only affirms the State Bar’s sovereign immunity, but also sets a significant judicial precedent, marking a potential shift in legal dialogues about the ADA and entitities considered to be an arm of the state.