Crumpacker v. Indiana Supreme Court Disciplinary Commission

Background

Owen W. Crumpacker, a former Indiana lawyer, was disbarred in 1978 and kept practicing despite the order. He was held in contempt after a 1982 hearing and served a sentence. In 1983 the state disciplinary commission charged him again for practicing without a license. He failed to appear at a November 15, 1983 hearing, which led the Indiana Supreme Court to issue a warrant; he was arrested April 4, 1984 and again held in contempt and confined for 30 days.

Reasoning

The core question was whether the Supreme Court should hear a constitutional attack on the Indiana Supreme Court’s power to disbar and punish someone for ignoring its orders. The Court dismissed the appeal for lack of a substantial federal question. Chief Justice Burger agreed with dismissal and called the claim "utterly frivolous," noting the state court’s power over unauthorized practice was beyond dispute. He said the attorney who filed the jurisdictional statement should face sanctions and would award $1,000 under Rule 49.2, which allows damages when an appeal is frivolous.

Real world impact

The decision declines to review the constitutional claims and reinforces that states may discipline people who practice law without a license. It also warns lawyers that filing clearly frivolous appeals can lead to money penalties. Because this opinion dismisses the case rather than deciding the constitutional issues on the merits, its effect is limited to this appeal and the possible sanction recommendation.

Dissents or concurrances

Chief Justice Burger concurred in the dismissal but wrote separately to urge an additional $1,000 sanction against the attorney who pursued the frivolous filing under Rule 49.2.