Sacher v. Association of the Bar of the City of New York et al. (347 U.S. 388)

U.S. Supreme Court · decided April 5, 1954 · Supreme Court Database (Spaeth)

Citation
347 U.S. 388 · 74 S. Ct. 569
Docket
No. 307
Argued
March 11, 1954
Decided
April 5, 1954
Term
October Term 1953
Vote
6–2
Issue area
Economic Activity
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

How the Justices voted

Majority
Chief Justice Warren, Justice Black, Justice Douglas, Justice Frankfurter, Justice Minton, Justice R. H. Jackson
Dissenting
Justice Burton, Justice Reed (wrote)

Opinion on Justia

Opinion excerpt

Per Curiam. This is a proceeding brought by respondent bar associations in the United States District Court for the Southern District of New York for the disbarment of petitioner from practice in that court. Petitioner had previously been convicted of contempt in the same court. See Sacher v. United States, 343 U. S. 1. The District Court, after disallowing eight of the specifications in the petition for disbarment, found as to the others that there was no conspiracy as charged therein and no moral turpitude involved, and that the proven contumacious conduct of petitioner stemmed from an excess of zeal for his clients that obscured his recognition of responsibility as an officer of the court. All of the conduct complained of occurred in one protracted trial involving many defendants and counsel. See Dennis v. United States, 341 U. S. 494. There was no allegation or proof of prior misconduct in petitioner's twenty-four years of practice. The Court of Appeals divided upon the propriety of permanent disbarment, but unanimously questioned the importance of one of the two specifications principally relied on by the trial court. At the time the District Court made its decision in this case, the contempt judgment was under review on appeal, and it did not know and could not know that petitioner would be obliged to serve, as he did, a six months’ sentence for the same conduct for…

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