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Name: Gray v. Superior Court
Case #: A107367
Court: CA Court of Appeal
District 1 DCA
Division: 3
Citation: 125 Cal.App.4th 629

A trial court’s suspension of a physician’s license to practice medicine as a condition of bail violates due process. The defendant, a medical doctor, was charged with various crimes including sexual exploitation of a patient. Without prior notice, the Medical Board of California appeared at his arraignment, represented by the Attorney General, and asked that defendant’s license be suspended as a condition of bail. Finding that protection of the public was the primary consideration in setting bail, the trial court entered the requested order. The appellate court issued a writ vacating the bail condition, noting that a physician was entitled to due process prior to suspension of his license. Although the court held that suspension of a defendant’s medical license as a condition of bail was not per se unreasonable, in this case the trial court failed to consider the defendant’s interest as well as the alternatives available to the Medical Board.

Opinion Date: 10/29/2004