Winkelman v. People

Citations

• 50 Ill. 449

Syllabus

<p>1. Appeal—when it lies. An appeal will lie from an order of the circuit court, suspending an attorney at law from practice therein.</p> <p>2. Attorney at law'—striking from the roll. The circuit courts have no power to strike the name of an attorney at law from the roll; that power rests with the Supreme Court alone.</p> <p>3. Same—suspension from practice. Nor have the circuit courts the power, permanently, to suspend an attorney at law from practice, as that may be equivalent to striking from the roll, in its effect and consequences.</p> <p>4. It may be, a circuit court would be justified, in suspending an attorney from practice until the term of the Supreme Court next to be holden, in order that proceedings might be there instituted to strike his name from the roll; but further than that the circuit court could not go, in that direction.</p> <p>5. Should no movement be made in the Supreme Court at its next term to have his name stricken from the roll, the circuit court, being advised thereof, would rescind the order of suspension.</p> <p>6. Rule to show cause—and the order thereunder. An order making a rule to show cause, absolute, should be no broader than the rule itself.</p> <p>1. So, under a rule against an attorney to show cause why he should not be suspended from practice, at the bar of the St. Clair Circuit Court, the court could not enter an order, suspending him from practice in other courts in the same judicial circuit.</p>