|
|||||||
|
|
|
|||||
|
|
|||||||
5671 Call Lawyerdude 541 476 8954 Lawyerdude1989@yahoo.com Dlawyerdude@gmail.com March 2, 2003 (1:00pm) . Upgraded Jun 9, 2004. Upgraded Monday, October 24, 2005
Top 10 Best opinions relating to disbarment.
This page is www.circuitlawyer.8m.com/5671.html
Related links:
This page is mentioned on Lawyerdude’s philosophy page: www.lawyerdude.8m.com/5459.html
Major Law Review article: Public Licensing and Private Rights: www.lawyerdude.8k.com/5943.html
Top 10 Opinions regarding the Licensing and Disbarment of Lawyers
Contents - list of cases:
Will v Immigration and Naturalization Service
Schware v Board of Bar Examiners of New Mexico (1957)
In the Matter of Disbarment of John Harvey Crow (1959)
In re Nadrich - LSD distributor (1988)
Birbrower, Montalbano, Condon & Frank v Superior Court (1998)
Supreme Court of New Hampshire v Piper (1985)
Sanders (1968)http://www.lawyerdude.8k.com/sanders.html
Lew Warden’s Battle against mandatory continuing legal education MCLA
1. Best opinion: www.lawyerdude.8m.com/3789.html - My own brief.
2. Ex Parte Wall, www.lawyerdude.8k.com/wall.html 107 U.S. 265, 2 S. Ct. 569, 27 L.Ed 552 (1883) The dissent in this case argues my point precisely: you can’t substitute a bar hearing for a trial! That is what they did in my case. They disbarred me for bankruptcies without benefit of a trial. Furthermore the bankruptcies were licensed and perfect.
3. Selling v Radford (1917) www.lawyerdude.8k.com/selling.html cites no cases as precedent. It rules from pure logic! I know of no other case that cites no prior decision.
4. Ruffalo. In Re (1968), 390 U.S. 544, 552, 88 S.Ct. 1222, 20 L.Ed.2d 117 http://www.lawyerdude.8k.com/Ruffalo.html
5. In Re Ming (1971) 469 F 2d 1352 http://www.lawyerdude.8m.com/ming.html
Here are the cases that support the Ming Opinion:
Ex parte Garland www.lawyerdude.8k.com/garland.html 4 Wall 333, 380, 18 L.Ed. 366 7
Ex Parte Wall www.lawyerdude.8k.com/wall.html , 107 U.S. 265, 2 S. Ct. 569, 27 L.Ed 552 (1882) 5
Goldberg v Kelly 397 U.S. 254, 90 S.Ct. 1011,25 L.Ed2d 287 (1970) 8
Grannis v Ordean (1914), 234 U.S. 385, 394, 34 S.Ct. 779, 783, 58 L.Ed. 1363] (1914). 9
In Re Crane (1961), 23 Ill.2d 398, 400-401, 178 N.E.2d 349 (1961) 9
In Re Echeles (1970) 430 F.2d 347, 349-350 (7th Cir. 1970) 4
In re Fisher (1050) 179 F.2d 361 (7th Cir. 1950), cert. denied sub nom. Kerner, et. al. v. Fisher, 340 U.S. 825, 71 S.Ct. 59, 95 L. Ed. 606 (1950) 5
In Re Ruffalo (1968) http://www.lawyerdude.8k.com/Ruffalo.html (4 aoe) 390 U.S. 544, 550, 88 S.Ct. 1222, 1226, 20 L.Ed.2nd 117 (1968) 7
In Re Sawyer, 256 F.2d 553 (9th Cir. 1956) 4
Morrissey v. Brewer www.lawyerdude.8k.com/morrissey.html 408 U.S. 471, 92 S.Ct. 22593, 33 L.Ed.2d 484 (1972) 9 - a prison case - merely used to compare standards to those for disbarment.
Randall v Brigham (1868) 74 U.S. (7 Wall) 523, 540; 19 L.Ed. 285 (1868) 8
Selling v Radford http://www.lawyerdude.8k.com/selling.html 243 U.S. 46, 51; 37 S.Ct. 377, 379; 61 L.Ed. 585 8
Spevack v Klein http://www.circuitlawyer.8m.com/spevack.html 385 U.S. 511, 516, 87 S.Ct. 635, 629, 17 L.Ed.2d (1967) 6, 7
Will v Immigration and Naturalization Service 447 F.2d 539, 531 & 533 (7th Cir. 1971) 5
6. Ex parte Garland 4 Wall 333, 380, 18 L.Ed. 366 7 http://www.lawyerdude.8k.com/garlandlong.html
7. Spevack v Klein (1967) 17 L Ed 2d 574, 385 U.S. 511; 87 S. Ct. 625 http://www.circuitlawyer.8m.com/spevack.html and other cases have mostly rejected the argument that a lawyer is being punished for past actions and that sounds like a crime - and therefore the entire panoply of criminal protections are required.
8. Theard www.lawyerdude.8k.com/theard.html Disbarment in state court is not binding on federal court.
9. Gentile. www.lawyerdude.netfirms.com/gentile.html Gentile spoke about his case. The bar punished him. The state supreme court backed up the bar. The U.S. Supreme court overruled the lower courts. Gentile won. The court was divided. See how they voted.
10. Blanton v U.S. (1996) A Tennessee governor www.lawyerdude.8k.com/blanton.html
11. Schware v Board of Bar Examiners of New Mexico (1957) 353 U.S. 232, 239, 77 S.Ct. 752, 756, 1 L.Ed.2d 796, 801-02 (1957) www.lawyerdude.8k.com/schware.html
12. In the Matter of Disbarment of John Harvey Crow (1959) 359 U.S. 1007 http://www.lawyerdude.netfirms.com/crow.html Justice Douglas argues for a freakin hearing - just like he did in the case of Hackin http://www.lawyerdude.netfirms.com/hackin.html
13. In re Nadrich - LSD distributor (1988) http://www.lawyerdude.8m.com/nadrich.html This is the case where Nadrich was a dope dealer and was caught with about a million doses of LSD. Because he was an addict, the bar overturned his disbarment. By comparison, Palaschak ate LSD one time and the bar disbarred him but only after he sued the bar and the California Supreme Court. This case and others show that the bar does not disbar for even moderate drug use. Therefore the disbarment of Palaschak was pretextual.
14. Birbrower, Montalbano, Condon & Frank v Superior Court (1998) 17 Cal.4th 119 , 70 Cal.Rptr 2nd 304; 949 Pacific 2nd page 1. This is a great case. The bar is backpedaling! The court won't back up the bar here.
http://www.lawyerdude.netfirms.com/birbrower.html
15. Supreme Court of New Hampshire v Piper (1985) http://laws.findlaw.com/us/470/274.html The U.S. Supreme Court in Piper held that residency requirements for bar membership are unconstitutional.
16. Sanders case Sanders (1968)http://www.lawyerdude.8k.com/sanders.html liberalizes oppressive rules re pro hac vice ( pro hac vice is explained at: http://www.lawyerdude.8k.com/prohac.html ) Regarding pro hac vice see http://www.lawyerdude.s5.com/flynt.html http://caselaw.lp.findlaw.com/data2/circs/8th/033487p.pdf
17. Lew Warden’s Battle against mandatory continuing legal education MCLA - which is only for some lawyers and not for others. Lew won at the court of appeal but the Supreme Court overturned him by a sharply divided court. The minority is the only sensible view. Lew did the best he could against a corrupt court. Lew declined to go to the Supreme Court of the U.S. as I recall. He called me when he found his name on my web page: http://www.lawyerdude.8m.com/lew.html
Crass Promotional Links:
Telephone Lawyerdude: 805 476 8954. Email: Dlawyerdude@Gmail.com Lawyerdude1989@yahoo.com
Please join my newest Yahoo group for discussion or legal self help litigation. Here is the link to the link: http://www.lawyerdude.8k.com/6346.html
Do you have questions? Join our Discussion group: http://groups.yahoo.com/group/the_lawyerdude
Instant message me: I am lawyerdude1989 on Yahoo instant messenger.
My phone number and email address may change from time to time. If the telephone number or email address on this page is outdated then please join my group http://www.groups.yahoo.com/group/the_lawyerdude or migrate to more recent pages. There is a 4 digit number up in the top left corner of the page. Not the counter number. There is often a date at the bottom of the page. Migrate to newer pages to see my newer telephone number and email address.
My most useful web pages and my most popular web pages are these following pages:
Links for your Empowerment! Self help Litigation forms, instructions, cases, and samples.
18. Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html
19. Motions 101. How to write and file and serve a motion: http://www.fu.gq.nu/6025.html
20. Briefs 101. How to write a Memorandum of Law: http://www.lawyerdude.s5.com/6435memo.html
21. Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html
22. Your litigation rights page. Learn your litigation rights! http://www.circuitlawyer.8m.com/5687.html
23. Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html
24. Learn the law ! Links to the 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html
25. Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html
26. List of the 30 most important criminal court motions. They are listed in Lawyerdude’s Bill of Rights for Criminal Defendants in jail. This is my New Standard by which to measure effectiveness of counsel. Make your appointed lawyer toe the line: http://www.circuitlawyer.8m.com/5635.html
27. Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:
http://www.circuitlawyer.8m.com/5537.html
28. Were you strip searched? Sue em! http://www.circuitlawyer.8m.com/5728.html Do they do a strip search anus check every time you go to the law library? Did your jail not have a law library?
29. List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html
30. Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html
31. My Demurrer page: perfect record so far: http://lawyerdude.8k.com/5736.html
All about Lawyerdude
32. My winning argument regarding the 1st amendment where I argued the Law to the jury without interruption: http://www.lawyerdude.netfirms.com/5918.html
33. My ongoing battle with the mistaken, oppressive, and political state bar: http://www.lawyerdude.8k.com
34. Lawyerdudes’s biographical page: http://www.lawyerdude.8m.com/mystory.html
35. My LSD story and brief: http://www.lawyerdude.8m.com/5431.html
36. How to work well with Lawyerdude: http://www.lawyerdude.8k.com/contract.html
37. My most important page. My top 10 lists: http://www.lawyerdude.8m.com/5459.html
38. My ideas. My 10 proposed amendments to the bill of rights: http://www.lawyerdude.8m.com/5123.html
39. My home page: http://www.lawyerdude.8m.com Or my mirror site: http://www.lawyerdude.netfirms.com
40. List of my 200 most popular web pages according to Google. http://www.lawyerdude.8k.com/5733.html
My biggest fattest briefs:
41. My “state bar acts are unconstitutional!” brief: http://www.lawyerdude.8k.com/3789.html
42. My 100 page LSD brief: http://www.circuitlawyer.8m.com/1170.html Use this for your drug case!
43. My collection of “right to drive” briefs: http://www.lawyerdude.8k.com/right2drive.html
44. Lawyerdude's briefs: http://www.circuitlawyer.8m.com
More Lawyerdude links and Recommended Reading list
45. Lawyerdude’s traffic page: http://www.lawyerdude.8m.com/5259.html
46. Lawyerdude's library. A prioritized reading list. A list of books that farm folk and an enlightened populace should read. Some of these books justify weekly or monthly review - like your Bible - for your own defense. http://www.lawyerdude.netfirms.com/library.html
47. List of links to the Latest uploads from Lawyerdude: http://www.circuitlawyer.8m.com/5673.html
48. Lawyerdude's Contemporary Constitutional Issues: http://www.circuitlawyer.8m.com/5693.html
49. Lawyerdude's links page: http://www.lawyerdude.8m.com/links.html
50. Lawyer’s Manifesto: http://www.lawyerdude.8k.com/5753.html
People who link to me:
51. I thank Bill Munro http://www.landrights.com I thank http://www.commonlawvenue.com/ .