Solomon Saltsman & Jamieson Win Major Victory before
California Supreme Court
In
a sweeping opinion in cases brought by Ralph B. Saltsman and
Stephen Warren Solomon of Solomon Saltsman & Jamieson, the
California Supreme Court unanimously struck down the practice of
attorneys in administrative agency hearings submitting ex parte
communications to decision-makers within their agency. The Supreme
Court held such communication violated specific prohibitions
stated in the Administrative Procedure Act, the statutory
manifestation of Due Process of Law.
The Court’s ruling vindicated the rights of all ABC licensees in
California and will change how all administrative agencies in
California do business, and not just the ABC. There will no longer
be secret communications from agency attorney to departmental
decision-maker in any adversarial hearing. While the decision was
issued in cases prosecuted by the Department of Alcoholic Beverage
Control, the decision will impact governmental agencies across the
state, including other state agencies as well as municipal and
county governments.
The Court followed Saltsman’s argument before the court and
held: “[A] prosecutor cannot communicate off the record with
the agency decision maker or the decision maker’s advisors about
the substance of the case. But the one contact that is forbidden
is the one contact that occurred here.”
In the cases before the Court, Administrative Law Judges after
hearing in written proposed decisions, dismissed disciplinary
proceedings brought against ABC licensees. Those proposed
decisions were rejected, and the Department imposed suspensions
nevertheless. In each instance written ex parte documents were
submitted following the hearing by the prosecutor to the
Department’s Chief Counsel who acted as decision-maker. The
lawfim argued and the Court determined that this and any secret
communication from prosecutor to decision-maker was unlawful and
unconstitutional.
To
review the decision go to:
www.//ssjlaw.com/articles/Quintanar_Supreme_Court_Decision.pdf
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