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shouldn't John Yoo be disbarred? (Original Post) grasswire Dec 2014 OP
You would think. onecaliberal Dec 2014 #1
Yes but one needs people to disbar him Rosa Luxemburg Dec 2014 #2
Yes. Period. 7wo7rees Dec 2014 #3
Yes elleng Dec 2014 #4
yes Kalidurga Dec 2014 #5
some info about disbarment grasswire Dec 2014 #6
Better to ask, what sort of backwater, low-level law degree mill employees him? . . . Journeyman Dec 2014 #7
No way! Kablooie Dec 2014 #8
Clinton was found to be in contempt of court for "misleading testimony". Spider Jerusalem Dec 2014 #9
and prosecuted napkinz Dec 2014 #10
Disbarred, jailed, then deported. True Blue Door Dec 2014 #11
Yes Gothmog Dec 2014 #12
disbarred, tried in a human rights court. Euphoria Dec 2014 #13
I think he would have to be convicted of a crime and that's unlikely Vinca Dec 2014 #14
Dean of UC Irvine School of Law says, ''Yes, and prosecute the guy.'' Octafish Dec 2014 #15
why does Berkeley keep him on? grasswire Dec 2014 #16

grasswire

(50,130 posts)
6. some info about disbarment
Wed Dec 17, 2014, 02:03 AM
Dec 2014

When is a Lawyer Subject to Disbarment?

Disbarment - being stripped of one's license to practice law - is the most severe professional penalty a lawyer can receive. Rule of Professional Conduct 8.5 states that a lawyer is subject to disbarment, or any disciplinary action, under the rules of the jurisdiction where that lawyer is admitted to practice, "regardless of where the lawyer's conduct occurs." What conduct? The commentary on Rule 8.4 proposes that, "Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category." Rule 8.4 itself states clearly that "It is professional misconduct for a lawyer to ... commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer ... [or to] engage in conduct involving dishonesty, fraud, deceit or misrepresentation."

...

Non-financial Personal Misconduct
Non-financial personal misconduct is a more indefinite area. Several years ago a Kansas City lawyer was disbarred by the Kansas Supreme Court for shouting profanities at court clerks, brawling with court security officers, suggesting that a judge was a pedophile. Other conduct (according to the Bar Association hearing panel) "resulted in two criminal convictions, a contempt adjudication that led to 120 days in jail, minor injuries to a United States Marshal, and an adverse impact on a [client's] military career" by causing a negotiated settlement in a disciplinary case to break down. Crossing the line from incivility to assault is a sure path to disbarment.

Moral Turpitude
And from this, it's just a short step to the Florida's Bar Board of Bar Examiners announcement that it will examine applicants' Facebook and MySpace websites under certain circumstances, such as when the Bar receives allegations of substance abuse. No permission is required to review such public material, whether for initial application to the Bar or even license recertification. From abusive behavior and fraud in client billing to a flippant reference about drug or alcohol use on a personal web page, all can come under the heading of moral turpitude that qualifies for disbarment. And of course "temporarily borrowing" from client trust funds to pay a bill creates an open-and-shut case - See more at: http://www.lawbiz.com/e-mailed_newsletters/tip-2-7-12.html#sthash.xodOoS03.dpuf
- See more at: http://www.lawbiz.com/e-mailed_newsletters/tip-2-7-12.html#sthash.xodOoS03.dpuf

Journeyman

(15,035 posts)
7. Better to ask, what sort of backwater, low-level law degree mill employees him? . . .
Wed Dec 17, 2014, 02:21 AM
Dec 2014

Why would anyone choose a piss-poor supposed University like the one he's at when there are perfectly acceptable on-line law schools that'll provide a much better education -- or at least an education from people who aren't criminals.

I used to like the big Bay Area universities. Then the two big-name schools took to elevating war criminals to trusted positions and suddenly, they just don't seem like reputable schools anymore. Which is quite disheartening. I did some Fellowship work at one of them. Kind of cheapens the whole experience.

Kablooie

(18,634 posts)
8. No way!
Wed Dec 17, 2014, 03:41 AM
Dec 2014

This is America, haven't you heard?

We delight in torture and gun violence and murder and starving and dead children.
It makes us happy and proud to be Americans.

 

Spider Jerusalem

(21,786 posts)
9. Clinton was found to be in contempt of court for "misleading testimony".
Wed Dec 17, 2014, 04:07 AM
Dec 2014

He was fined, but not disbarred; his Arkansas law licence was suspended, following a review by the state bar association, and he resigned from the Supreme Court bar rather than be disbarred. I'm not aware that Yoo has been sanctioned for a similar breach of professional ethics; his actions in relation to torture may have been criminal, but that's a matter for a court to decide. If he's convicted of a felony in relation to his actions re torture? Then disbarment would be appropriate. NB that disbarment requires sanction by a court for professional misconduct, or a conviction, in most cases.

Vinca

(50,273 posts)
14. I think he would have to be convicted of a crime and that's unlikely
Wed Dec 17, 2014, 09:08 AM
Dec 2014

unless a foreign government steps up to the plate. Yoo ought to be in jail, right next to Cheney, Rumsfeld, Bush and a number of others, but - sadly - it will never, ever happen as a result of anything done in this country. (On the other hand, if Obama jaywalks the new GOP congress will call in a special prosecutor. If they didn't love killing so much themselves, they'd put him in jail for the drones.)

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