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pghquest, that is incorrect, at least in california. different states have different rules.
here is a list of recent disbarments in california and why the lawyers were disbarred. none of them mention conviction for a crime, and very few of them include among the reports of misconduct actions that could be prosecuted as a crime in the first place.
California Lawyer (http://www.callawyer.com/discipline.cfm - broken link)
here's a good one:
Fine, 69, was disbarred in a Review Department decision after being found culpable on 22 counts of misconduct for filing frivolous lawsuits in federal and state courts; filing multiple frivolous motions and appeals against judges, appellate justices, and the State Bar for improper purposes; engaging in meritless and vexatious litigation; failing to comply with court orders; and engaging in acts of moral turpitude, dishonesty, or corruption.
In aggravation, the misconduct involved multiple acts of wrongdoing during an extended period that caused significant harm to clients and the administration of justice. Fine also demonstrated indifference toward rectification of or atonement for the consequences of his misconduct. After he sought review of his State Bar Court case, he continued to file numerous frivolous motions to disqualify the Review Department judges.
sounds a lot like orly...
anything you can get a financial sanction for you can be disbarred for if you do it enough times.
"Taitz said she had absolutely no plans to pay the $20,000 fine. "Are you kidding? Of course not," she said, asked whether she planned to send a check. "This is a form of intimidation."
Instead, she plans to file yet another written response (though it's unclear whether the court will even accept one)."
that just lists conviction of a crime involving moral turpitude as one of several grounds for disbarment.
another one:
§6103. Sanctions for Violation of Oath or Attorney's DutiesA wilful disobedience or violation of an order of the court requiring him to do or forbear an act connected with or in the course of his profession, which he ought in good faith to do or forbear, and any violation of the oath taken by him, or of his duties as such attorney, constitute causes for disbarment or suspension. (Origin: Code Civ. Proc., §287(2).)
disbarment is a form of sanction. so to say "they can't be disbarred, they can only be sanctioned" makes no sense.
California rules for disbarment
Article 6 (6100-6118) (http://www.calbar.ca.gov/state/calbar/calbar_generic_pr.jsp?cid=10159&id=1275&com.broadv ision.session.new=Yes#6100 - broken link)
If they are not found guilty of moral Turpitude, they can be sanctioned or disciplined in California, not disbarred.
They most certainly can. Read the clarification of 6106 on the lower half of the page.
"The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension."
§6106. Moral Turpitude, Dishonesty or Corruption Irrespective of Criminal ConvictionThe commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.
so committing an act of moral turpitude, dishonesty or corruption is grounds for disbarment whether or not it constitutes a crime.
Where are you reading that? I clicked on your link, and don't find any provision that says disbarment is predicated on moral turpitude.
Conviction of a felony or misdemeanor, involving moral turpitude, constitutes a cause for disbarment or suspension. In any proceeding, whether under this article or otherwise, to disbar or suspend an attorney on account of that conviction, the record of conviction shall be conclusive evidence of guilt of the crime of which he or she has been convicted.
Though does indeed say that I didnt remember things clearly from my legal days and that moral turpitude is an automatic disbarrment, but there are other ways to be disbarred. They all appear to be involving breaking the law or allowing the law to be broken, which taitz hasnt done. She's just stupid, she's not a criminal..
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