Judge Allows Father's Civil Rights Lawsuit Against Bar Association to Proceed

Federal judge denies motion to dismiss case alleging bar association shredded bias complaint without review.

Apr. 19, 2026 at 7:06pm

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A dimly lit, empty courtroom with a single chair and desk, the room's warm lighting and deep shadows creating a sense of quiet contemplation and unresolved tension.A father's civil rights lawsuit against a local bar association over a shredded bias complaint exposes the complex role of legal institutions in administering judicial oversight.San Jose Today

A federal judge in San Jose is allowing a civil rights lawsuit to move forward that accuses the Santa Clara County Bar Association and its CEO of shredding a father's bias complaint without ever reading it. The judge rejected the bar association's arguments to dismiss the case on jurisdictional and timing grounds, finding the plaintiff's claims were sufficient to proceed, including allegations the bar acted under color of state law.

Why it matters

This case raises questions about the role of local bar associations in administering informal complaint processes created by the courts, and whether they can be considered state actors when they effectively control access to review of alleged misconduct in the judicial system.

The details

The lawsuit was filed by Michael C. Sternberg, a self-represented litigant who says he mailed a bias complaint to both the presiding judge and the bar association's CEO, Sherry Diamond, in June 2021 under a local court rule. Sternberg later learned Diamond had admitted to shredding the packet without reading it. The judge found factual disputes about whether the bar was acting under delegated judicial authority, and therefore could be treated as a state actor for civil rights claims, should be worked out through litigation.

  • Sternberg filed the bias complaint in June 2021.
  • In October 2023, Diamond admitted to shredding the complaint without reading it.
  • The federal lawsuit was filed sometime after the complaint was shredded.
  • The judge issued the order denying the motion to dismiss on April 16, 2026.
  • Sternberg has 30 days, until May 8, 2026, to file a second amended complaint.

The players

Michael C. Sternberg

A self-represented litigant who filed the civil rights lawsuit against the Santa Clara County Bar Association and its CEO.

Sherry Diamond

The CEO and general counsel of the Santa Clara County Bar Association, who allegedly shredded Sternberg's bias complaint without reading it.

Santa Clara County Bar Association

The local bar association that administers an informal complaint process for allegations of courtroom bias, and is a defendant in Sternberg's civil rights lawsuit.

U.S. District Judge Araceli Martínez-Olguín

The federal judge who denied the bar association's motion to dismiss Sternberg's lawsuit, allowing the case to move forward.

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What they’re saying

“Whether Diamond and the SCCBA were acting under delegated judicial authority, and therefore could be treated as state actors for purposes of Section 1983, raises factual questions that cannot be resolved on a motion to dismiss.”

— U.S. District Judge Araceli Martínez-Olguín, Federal Judge

What’s next

The judge has given Sternberg 30 days to file a second amended complaint to sharpen his allegations, a deadline that falls on May 8, 2026. The defendants may file another motion to dismiss after the amended complaint is submitted, and the case could be years from final resolution.

The takeaway

This case highlights the complex role of local bar associations in administering court-created complaint processes, and whether they can be considered state actors subject to civil rights claims when they effectively control access to review of alleged judicial misconduct.