Attorney Michael Libman’s California Supreme Court Petition Warns of Star Chamber Due Process Violations in Attorney Discipline System
America ı By Samuel Lopez
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Libman’s petition argues that the constitutional protections recognized in cases such as In re Murchison, Brown v. Mississippi, In re Oliver, and Faretta v. California were specifically designed to prevent modern tribunals from replicating those same structural abuses.
In essence, Libman argues that when a judge allegedly abandons neutrality and functions as both decision-maker and prosecutor — while excluding defense evidence wholesale, removing Libman’s counsel mid-trial, and appearing to predetermine guilt before the defense fully presents its case — the proceeding begins to resemble the very Star Chamber abuses the Due Process Clause was designed to prevent.
For readers unfamiliar with the history, the Court of Star Chamber became infamous in England as a mechanism of unchecked royal power. Proceedings were often conducted in secrecy. Judges and prosecutors became intertwined. Confessions could be coerced. Political enemies could be targeted. Procedural safeguards were stripped away. And perhaps most importantly, the outcome was frequently perceived as predetermined before the accused was ever truly heard.
The Star Chamber became so notorious that its abolition in 1641 ultimately became one of the foundational historical events influencing the development of modern due process protections embedded in both English and American constitutional law.
Libman’s petition argues that the structural defects he identifies in California’s attorney discipline system are not isolated procedural mistakes, but modern manifestations of the very abuses constitutional due process was intended to prevent.
The petition specifically relies upon In re Murchison, Caperton v. A.T. Massey Coal Co., and Williams v. Pennsylvania to argue that structural judicial bias alone can invalidate proceedings, even without direct evidence of subjective corruption.
But Libman then goes much further.
The filing ties those modern due process authorities to an older constitutional lineage rooted in the destruction of the Star Chamber itself.
One of the most powerful portions of the petition invokes Brown v. Mississippi (1936), where the United States Supreme Court condemned coerced confessions as “the chief iniquity, the crowning infamy of the Star Chamber, and the Inquisition.” Libman uses that case to argue that constitutional protections were created specifically to prevent proceedings driven by coercion and institutional abuse rather than neutral adjudication. The petition references Brown in its constitutional analysis beginning around pages 56 and 57.
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