Tuesday, November 7, 2006

Bar Counsel Organization Features Case on Federal Readmission Not Violating Supremacy Clause

The National Organization of Bar Counsel, or NOBC, summarizes this interesting disciplinary case as its latest featured "ruling of the month."  The U.S. District Court for the Southern District of Indiana conditioned petitioner's readmission to the federal court bar upon her reinstatement by her 67879_83425463_1 state bar (back home in Indiana, right, where she remained suspended for nonpayment of disciplinary costs of $6k imposed upon her from an earlier matter).  She argued that such a condition or deference violates the Supremacy Clause--it makes the federal ruling contingent on a state matter, i.e., "the state suspension essentially dictated the terms of her federal suspension."  But on appeal, the Seventh Circuit rejected the argument, in an unpublished order.  The site notes that there is authority in the Third Circuit suggesting the same argument has merit there.  [Alan Childress]

http://lawprofessors.typepad.com/legal_profession/2006/11/bar_counsel_org.html

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