A review of Sixth Circuit appeals mentioning “sanctions” in the last twelve months turned up fewer than a dozen cases, but an overview of their holdings reveals a few insights for practitioners in the Circuit. Given that the standard for review of the imposition of sanctions is generally “abuse of discretion,” it is not too … Continue Reading
In Berry v Schmitt, the Sixth Circuit held that the Kentucky Bar Association (“KBA”) could not use Kentucky Rule of Professional Conduct 8.2(a) to bar an attorney, John Berry, from commenting on the Kentucky Legislative Ethics Commission investigation of Senate President David Williams. Senator Williams was investigated for alleged fund-raising violations. Berry attended the public … Continue Reading
On Tuesday, January 17, 2012, the Sixth Circuit heard oral argument of an appeal by two Kentucky attorneys who were convicted of defrauding their clients of millions of dollars in settlement funds. In their briefing, appellants alleged a host evidentiary improprieties and deficiencies as well as constitutional violations. Attorneys William Gallion and Shirley Cunningham represented over 400 … Continue Reading
We posted earlier about some interesting language in a disbarment case, noting in passing that the Sixth Circuit – unlike most courts — appears to treat its disbarments as confidential. The circuits have a surprising amount of variation in the formality in their approach to disciplinary proceedings. Some (like the First, Second, Third, Fourth, Sixth, Tenth, Eleventh, and Federal … Continue Reading
Carole Squire, a former judge on the Franklin County, Ohio Domestic Relations and Juvenile Court, has been the subject of many news stories regarding accusations of judicial misconduct and an appeal of election results. She received a two-year disbarment from the Ohio Supreme Court, and the Sixth Circuit just affirmed a similar suspension. Federal court … Continue Reading
