State ex rel. Thatcher v. Brough

Citations

• 23 Ohio C.C. Dec. 257
• 15 Ohio C.C. (n.s.) 97
• 1912 Ohio Misc. LEXIS 185

Syllabus

<p>1. Act Attempting to Reinstate Disbarred Attorney is Usurpation of Judicial Powers and Special Legislation Inhibited by Constitution.</p> <p>Act 102 O. L. 84, attempting to reinstate a disbarred attorney, is unconstitutional in that (1) it is a usurpation of judicial power and (2) is special legislation in a matter of general nature as to which uniform operation is required.</p> <p>2. Disbarment of Attorney by Virtue of Asserted Inherent Powers of Supreme Court Applies to all State Courts.</p> <p>An order of disbarment of an attorney at law, made by the Supreme Court under its asserted inherent powers rather than by virtue of statutory powers conferred applies to all the courts of the state when so intended; and an intention that it shall so operate is indicated by the ordering that the attorney’s name be “stricken from the roll of attorneys in the state,” there being but one such roll.</p> <p>3. Prejudice of Judges not Assumed in Order of Disbarment from Publication by Attorney of Circular Reflecting on Such Judges.</p> <p>Prejudice, disqualifying judges of the Supreme Court from hearing a disbarment proceeding will not be assumed from the fact that the attorney proceeded against has published circulars reflecting upon such judges.</p> <p>[Syllabus approved by the court.]</p>