General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forumsshouldn't John Yoo be disbarred?
Just askin'....
If the wingnuts could get Bill Clinton disbarred, shouldn't that be possible for a war criminal?
onecaliberal
(32,861 posts)Rosa Luxemburg
(28,627 posts)Any offers?
7wo7rees
(5,128 posts)Why it is even beiug argued is the resl question.
elleng
(130,933 posts)Kalidurga
(14,177 posts)got any other questions? I like having the right answers.
grasswire
(50,130 posts)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)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)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)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.
napkinz
(17,199 posts)True Blue Door
(2,969 posts)Gothmog
(145,289 posts)Yes.john Yoo needs to be disbarred
Euphoria
(448 posts)Vinca
(50,273 posts)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.)
Octafish
(55,745 posts)Bet that got through to the faculty at Berkeley like a face full of pepper spray.
grasswire
(50,130 posts)Does he have tenure or something?