In re Disbarment of Day

Background

A lawyer pleaded guilty to various felonies, and the State Bar of Texas brought a disciplinary case asking a state court to disbar him. The state trial court enjoined the lawyer from practicing law in Texas. The lawyer appealed that state-court ruling, and that appeal is still pending. Separately, this Court suspended the lawyer from practicing before it and required him to show cause why he should not be disbarred from practice in this Court.

Reasoning

The central question was whether this Court should enter a disbarment order now or wait for the pending state-court appeal to conclude. The opinion in the record simply states that disbarment was entered. The text does not include the majority's written explanation for that outcome, but it shows that the Court chose to disbar the lawyer from practicing before this Court despite the ongoing state appeal.

Real world impact

As recorded, the lawyer has been disbarred from practicing in this Court, removing his ability to appear here. The state-court appeal of the Texas disciplinary ruling remains pending, so the case shows that this Court may act independently of state appeal timing. The practical effect is that the lawyer cannot practice before this Court while the state process continues, though the state proceedings themselves may still affect other outcomes.

Dissents or concurrances

Justice Marshall, joined by the Chief Justice, dissented. He argued the Court should await the result of the lawyer's state-court appeal and give the same procedural protections that Texas provides before ordering disbarment in this Court.