Solomon Saltsman & Jamieson Win Major Victory before California Supreme Court

Call 800.405.4222 for the premier law firm in California for counsel on the sale of alcohol and alcohol licensing. The Law Offices of Solomon, Saltsman & Jamieson also provide civil litigation including business litigation and personal injury. SOLOMON, SALTSMAN & JAMIESON IS A NO holds- barred law firm with multiple areas of expertise, ranging from serious personal injury matters to business litigation. Partners Stephen Warren Solomon, Ralph Barat Saltsman, and Stephen Allen Jamieson, who have practiced civil and administrative trials together for over 20 years, also host a weekly radio show and weekly television show where they provide professional commentary. This is the second consecutive year that all three have been recognized as Super Lawyers by their peers. R. Bruce Evans has recently been made a partner in the firm. Law Offices of Solomon, Saltsman & Jamieson, P.C., located near Los Angeles, California, represent clients in administrative law, alcoholic beverage control hearings, civil Litigation and trial, personal injury, business disputes, employment law - employee and employer, government relations, land use planning, constitutional law, gaming, and appellate law. Key areas of law expertise include: Conditional Use Permit California, Variance California, Land Use Attorney, Entitlements Attorney, ABC Attorneys California, Alcohol Attorney California, Alcohol Licenses California, alcohol beverage licensing, alcoholic beverage licensing, alcohol beverage licensing attorneys, alcoholic beverage licensing attorneys, Liquor licenses California, liquor attorney, land use attorneys alcohol, ABC Attorneys, Department of Alcoholic Beverage Control Attorneys, ABC Attorneys, Department of Alcoholic Beverage Control laws, ABC law attorney, ABC license attorney, Liquor law attorney, Indian Gaming Attorney, Indian Alcohol Attorney, Indian Casino Attorney, Indian ABC licenses, Indian ABC licensing, Indian ABC Attorney, casino attorney, gaming attorney, Indian sovereignty attorney, tribal sovereignty attorney

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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