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Old 10-13-2009, 10:32 AM
 
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Quote:
Originally Posted by pghquest View Post
You need to be convicted of a crime involving moral turpitude in order to be disbarred.
Really? Where in the rules of conduct does it say that?
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Old 10-13-2009, 10:34 AM
 
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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.

Last edited by groar; 10-13-2009 at 10:42 AM..
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Old 10-13-2009, 10:37 AM
 
Location: On Top
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"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)."

Orly Taitz Responds To Judge's $20k Fine: Shove It! | TPMMuckraker
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Old 10-13-2009, 10:40 AM
 
479 posts, read 879,398 times
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Great News! And I hope they double it every time she brings up one of these frivolous lawsuits.

Quote:
Originally Posted by meson View Post
Coverage of Orly's trials and tribulations....some good quotes here, worth the read!

Orly Taitz Sanctioned for $20,000 « The Washington Independent
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Old 10-13-2009, 10:42 AM
 
69,368 posts, read 64,101,577 times
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Quote:
Originally Posted by groar View Post
pghquest, that is incorrect, at least in california. different states have different rules..
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.
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Old 10-13-2009, 10:47 AM
 
42,732 posts, read 29,874,717 times
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Quote:
Originally Posted by pghquest View Post
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.
Where are you reading that? I clicked on your link, and don't find any provision that says disbarment is predicated on moral turpitude.
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Old 10-13-2009, 10:52 AM
 
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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 Duties A 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.
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Old 10-13-2009, 10:53 AM
 
Location: NC
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Quote:
Originally Posted by pghquest View Post
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."

EDIT: Groar you beat me to it + rep for you.
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Old 10-13-2009, 10:55 AM
 
7,380 posts, read 15,674,085 times
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oh and something else from that link:

§6106. Moral Turpitude, Dishonesty or Corruption Irrespective of Criminal Conviction 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.


so committing an act of moral turpitude, dishonesty or corruption is grounds for disbarment whether or not it constitutes a crime.
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Old 10-13-2009, 10:57 AM
 
69,368 posts, read 64,101,577 times
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Quote:
Originally Posted by DC at the Ridge View Post
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.

37-61-301. Disbarment. (http://data.opi.state.mt.us/legbills/mca/37/61/37-61-301.htm - broken link)

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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