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Name: Gray v. Superior Court
Case #: A107367
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 10/29/2004

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.