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Nonsense. You even contradicted yourself, first writing that disbarment is "quite literally the permanent revocation of your license" after which you start to d
by SpelingBeeChamp 6y ago
Nonsense. You even contradicted yourself, first writing that disbarment is "quite literally the permanent revocation of your license" after which you start to describe how you think reinstatement works.
"Permanent" and "disbarment" don't go together the way most people assume they do. When the public reads that Attorney Bob got caught doing Bad Things and was disbarred, they assume that down the road if they hire an attorney (or receive PD services), the Bad Guy is not in the running.
A 2007 paper titled "Should Permanent Disbarment be Permanent?" published in The Georgetown Journal of Legal Ethics provides a good overview of just how impermanent 'permanent disbarment' is.
Its author found that "Five states mandate that all disbarments be treated as permanent. Eight states allow for disbarments to be permanent in some situations. In these states, when disbarment is not permanent, readmittance can either be applied for in seven years, five years, or at any time, depending on the jurisdiction. . . . The remaining 35 states and DC have no procedure for permanent disbarment." Of course, there's also the matter that not all states have 'disbarment in any other jurisdiction' as a disqualifier. Disbarred? Maybe it's time for a move?
Joseph O'Malley is best known for his 2013 "indefinite disbarment" after the now-former prosecutor was charged with nine violations of the Rules of Professional Conduct arising from his improper influencing of a judge, and his August 2011 convictions in an Ohio federal court for misprision of a felony and making a materially false statement in a matter within the jurisdiction of the federal government. O'Malley's 2013 disbarment generated a lot of press. Know what no one reported anywhere? That he was reinstated in 2016. He was recently appointed as public defender for a cop who was arrested for OVI. (Adjudicated not guilty on that charge.)
As a practical matter, the number of reinstated lawyers each year is not even remotely close to as low as you claim. I just now looked at the data for a handful of states and I'm already way over your upper end. It's more like "In any given state, annual figures are in the single to low double digits" — with a few much larger outliers.