State Bar Grievance Administrator v. Baun

During the grievance *39hearing, counsel to the Grievance Administrator called the respondent, Leonard A. Baun, for cross-examination. Baun declined to take the stand in exercise of his Fifth Amendment privilege. Baun. had previously made it known that he would exercise the privilege.

I

In both civil and criminal cases the general rule is that it is improper to challenge "an opponent in the presence of the jury to waive a legal right”.1

This principle has been held to require a new trial where a witness had been called for the purpose of eliciting a claim of privilege against incrimination.2 The…