10 results for 'cat:"Due Process" AND cat:"Attorney Discipline"'.
J. Wood finds the circuit court properly disqualified defense counsel from the underlying incest and sexual assault of a child case. The attorney and his firm were disqualified because one of the firm's attorneys had worked as a deputy prosecutor on a matter involving the same alleged victim and defendant. No timely screening of the attorney was made and prompt notice was not provided. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 25, 2024, Case #: CR-23-630, Categories: due Process, attorney Discipline
Per curiam, the Oklahoma Supreme Court approves Richard David Marrs' resignation pending disciplinary proceedings. Marrs is aware of allegations of his violations of rules of professional conduct and disciplinary proceedings. The attorney may apply for reinstatement after five years. His resignation was freely and voluntarily tendered, and he agrees to all conditions.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: April 15, 2024, Case #: SCBD-7599, Categories: due Process, attorney Discipline
J. Cadish denies the Nevada Bar's petition for reciprocal discipline of Jeffrey Gray Thomas, who was disbarred in California. The attorney was disbarred for multiple counts of professional misconduct related to filings, as well as threats made to opposing counsel. In Nevada, he failed to self-report his disbarment in California, as required. The discipline is not warranted because disbarment in Nevada is not equivalent to the same in California. Disbarment in Nevada is irrevocable whereas in California a disbarred attorney may seek reinstatement after five years.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 8, 2024, Case #: 87346, Categories: Evidence, due Process, attorney Discipline
J. DiPentima finds that while the attorney's disciplinary hearing, which resulted in her disbarment, took place immediately following the court's hearing on the attorney's claims of bias, her due process rights were not violated. She had previously been advised of the hearing schedule and was provided with a full and fair opportunity to present arguments during each hearing. Meanwhile, the court's decision to disbar the attorney was supported by competent and credible evidence, including that the attorney's bias claims were frivolous and based almost entirely on decisions made against her client in previous cases. Affirmed.
Court: Connecticut Court Of Appeals, Judge: DiPentima, Filed On: February 2, 2024, Case #: AC45424, Categories: Evidence, due Process, attorney Discipline
J. Herndon dismisses the appeal for counsel's failure to timely file the docketing statement after several notices from the court. The eventual docketing statement that was filed was not in the proper format and the attorney is referred to the state bar for the investigation of his violation of the diligence rule.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 19, 2024, Case #: 86639, Categories: due Process, attorney Discipline
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Per curiam, the Second District refers the matter of the attorney's noncompliance to the Florida Bar for investigation. The attorney failed to appear to show cause why sanctions should not be imposed for his failure to comply with the Second District’s orders in the appeal of a final judgment terminating parental rights. The attorney has not responded to other orders and claimed to be out of town when his telephone number on file was found to be out of service.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 29, 2023, Case #: 2D23-1274, Categories: Family Law, due Process, attorney Discipline
J. Fader denies former attorney Sherwood Wescott’s petition for reinstatement to the Maryland Bar. The attorney has not submitted to bar counsel any of the required client information or client notification documentation. The attorney has also not provided documented proof of having not engaged in the practice of law during his period of suspension.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: September 7, 2023, Case #: AG No. 2, Categories: Evidence, due Process, attorney Discipline
J. Petersen holds that the district court must revisit a motion by the Office of Professional Conduct for the interim suspension of an attorney convicted of felony discharge of a firearm. The district court must look to the legal elements of an offense, not the particular facts of the criminal conduct, to determine whether a crime of conviction reflects adversely on an attorney's fitness to practice law and merits interim suspension.
Attorney discipline is based on the fact of a conviction, so an attorney facing discipline for a conviction is entitled to make legal but not factual challenges. Reversed.
Court: Utah Supreme Court, Judge: Petersen, Filed On: July 20, 2023, Case #: 20220116, Categories: due Process, attorney Discipline
Per curiam, the Supreme Court of Arkansas grants the lawyer and son of the former Governor of Arkansas’ petition for a writ of certiorari, reinstating his law license after his arrest for drug possession. The lawyer was subject to a rapid summary suspension for conduct unrelated to his practice. The court mentions its concerns regarding uniformity of treatment, comparing the case with a recent example of a lawyer charged with conspiracy to commit mail fraud wherein he was indicted in 2019 with his license remaining in effect until 2022.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: May 18, 2023, Case #: CV-23-151, Categories: due Process, attorney Discipline