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Neil S. MacKay v. The Honorable Buell A. Nesbett and the Honorable John H. Dimond

Neil S. MacKAY, Plaintiff-Appellant, v. the Honorable Buell A. NESBETT and the Honorable John H. Dimond, Defendants-Appellees

MacKay v. The Honorable Buell A. Nesbett & the Honorable John H. Dimond, 412 F.2d 846 (9th Cir. 1969)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
August 7, 1969
Docket
No. 23122_1
Judges
Browning, Duniway, Carter
Citations
412 F.2d 846

Opinion — Per Curiam

PER CURIAM:

Plaintiff appeals from the dismissal of his action to enjoin and declare invalid orders of the Supreme Court of the State of Alaska suspending him from practice in the courts of that state for a period of one year.

Language in Theard v. United States, 354 U.S. 278, 281 , 77 S.Ct. 1274 , 1 L.Ed.2d 1342 (1957), and holdings in Gately v. Sutton, 310 F.2d 107, 108 (10th Cir. 1962); Jones v. Hulse, 391 F.2d 198, 202 (8th Cir. 1968); and Lenske v. Sercombe, 266 F.Supp. 609, 612 (D.Ore.1967), support the rule that orders of a state court relating to the admission, discipline, and disbarment of members of its bar may be reviewed only by the Supreme Court of the United States on certiorari to the state court, and not by means of an original action in a lower federal court. The rule serves substantial policy interests arising from the historic relationship between state judicial systems and the members of their respective bars, and between the state and federal judicial systems. We are persuaded that it is sound. The judgment of the district court will therefore be affirmed.

A federal court may, of course, examine a state court disciplinary proceeding if the state court's order is offered as the basis for suspending or disbarring an attorney from practice before a federal court. Theard v. United States, supra, 354 U.S. at 281-282 , 77 S.Ct. 1274 . We note that the proceedings of the Supreme Court of Alaska challenged in this *847 case were recently examined by the District Court for the District of Alaska in an original disciplinary proceeding properly before the latter court. We also note that after reviewing the evidence before the Supreme Court of Alaska, supplemented by additional evidence taken before a master appointed by the district court, the district court concluded that “[t]he evidence is insufficient to show overreaching or misconduct by the respondent warranting suspension from the practice of law before this court.”

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 79 cases

View all citing references →
1971: 21972: 41973: 21974: 41976: 41977: 51978: 61979: 41980: 81981: 51982: 51983: 61984: 11985: 11986: 31987: 11988: 11991: 11992: 21996: 11997: 11998: 21999: 12001: 12005: 32011: 12012: 12018: 12021: 12026: 119712026peak 1980 · 8

Relies on it most ⓘ

  1. Louis v. Supreme Court of Nevada490 F. Supp. 1174 (D. Nev. 1980)
  2. Anton J. Miller v. The Washington State Bar Association679 F.2d 1313 (9th Cir. 1982)
  3. Brunwasser v. Strassburger490 F. Supp. 959 (W.D. Pa. 1980)
  4. John Doe v. E. E. Pringle550 F.2d 596 (10th Cir. 1976)
  5. Richardson v. McFadden563 F.2d 1130 (4th Cir. 1977) · Concurrence
  6. David Richardson, Patricia King, Patrick Kelly and Hiram Spain, on Behalf of Themselves and All Others Similarly Situated v. J. Means McFadden Morris D. Rosen, C. W. F. Spencer, Robert D. Schumpert,david L. Freeman and Albert L. James, Jr., Individually and as Members of Thestate Board of Law Examiners, and Miss Frances Smith, Clerk of the Supremecourt of Southcarolina, David Richardson, Patricia King, Patrick Kelly and Hiram Spain, on Behalf Ofthemselves and All Others Similarly Situated v. J. Means McFadden Morris D. Rosen, C. W. F. Spencer, Robert D. Schumpert,david L. Freeman and Albert L. James, Jr., Individually and as Members of Thestate Board of Law Examiners, and Miss Frances Smith, Clerk of the Supremecourt of Southcarolina563 F.2d 1130 (4th Cir. 1977)

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Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Theard v. United States, 354 U.S. 278 (1957) 298
John H. Gately v. Leonard v. B. Sutton, Otto Moore, Edward C. Day, William E. Doyle, Frank H. Hall, & Francis J. Knauss, 310 F.2d 107 (10th Cir. 1962) 41
Jones v. Hulse, 391 F.2d 198 (8th Cir. 1968) 21
Lenske v. Sercombe, 266 F. Supp. 609 (D. Or. 1967) 10

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