Cantor v. Supreme Court of Pennsylvania
Citation | 353 F. Supp. 1307 |
Decision Date | 31 January 1973 |
Docket Number | Civ. A. No. 72-1733. |
Parties | Gilbert M. CANTOR et al. v. SUPREME COURT OF PENNSYLVANIA, et al. |
Court | U.S. District Court — Eastern District of Pennsylvania |
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Harry Lore, Gilbert M. Cantor, Philadelphia, Pa., for plaintiffs.
Wanda P. Chocallo, Philadelphia, Pa., for Albert Loel Katz, intervenor.
James D. Crawford, Philadelphia, Pa., for A. Evans Kephart.
Marvin Comisky, Philadelphia, Pa., for Pa. Bar Assn.
J. Shane Creamer, Atty. Gen., Burton D. Morris, Deputy Atty. Gen., for Pa. Supreme Court.
Lewis H. Van Dusen, Jr., Philadelphia, Pa., for American Bar Assn.
Most lawyers recall with pride the significant day when they took the oath to practice law with fidelity and integrity to their clients, the courts, and in the administration of the state and federal laws and constitutions. Sometimes on such occasions lawyers are reminded of goals such as those expressed so eloquently by Bacon in his extraordinary essay, On Judicature: "The place of justice is the hallowed place, and therefore not only the bench but the footpath and precincts and purpose thereof ought to be preserved without scandal and corruption."1 Hopefully, most lawyers maintain that level of integrity required for the ideal administration of justice. Yet, some have failed to uphold those standards which they were sworn to keep, and then there arises the ancient question, "quis custodiet ipsos custodes" "Who shall keep the keepers".2 In a real sense, the issue here is how should the legal profession keep its own house in order. In their attack on the Pennsylvania Supreme Court's Disciplinary Rules for lawyers, the plaintiffs do not argue that lawyers should be immune from discipline, but rather they attack the present procedure.
The plaintiffs' multi-faceted attack exemplifies our profession's capacity to proliferate legal labels and categorizations even when their cause is inadequate on substantive grounds. I am confident that they press their claims with sincerity, and they demonstrate creativeness in the breadth of their challenge. Yet, after careful review, I find that from the beginning to the end their arguments have no federal constitutional substance and therefore their complaint must be dismissed.3
As Justice Holmes has suggested, ". . . a page of history is worth a volume of logic."4 The history which preceded the present rule must be first understood before delineating the purported constitutional issues.
In February of 1967, the American Bar Association created the Special Committee on Evaluation of Disciplinary Enforcement "to assemble and study information relevant to all aspects of professional discipline . . ."5 The Committee was privileged to be chaired by the Honorable Tom C. Clark, Retired Associate Justice of the United States Supreme Court. Before the ABA Committee published its final report which said that the failure to have an adequate disciplinary system was a "scandalous situation that requires the immediate attention of the profession,"6 the Board of Governance of the Pennsylvania Bar Association adopted a resolution on June 19, 1969 authorizing the appointment of a Committee to study the procedures in Pennsylvania relating to the discipline of lawyers and to submit recommendations for a more effective system.7 Following the completion of both the Clark Report and the Pennsylvania Report, the Supreme Court of Pennsylvania on March 21, 1972 adopted and promulgated The Rules of Disciplinary Enforcement in Rule 17-19, §§ 1-25.8 It is primarily Rule 17-19 which the instant plaintiffs challenge.
Robert W. Meserve, President of the American Bar Association recently commented:
Purporting to represent a class consisting of all attorneys in Pennsylvania and also various clients who have allegedly been deprived of chosen counsel by reason of the operation of the suspension provisions of the rules, on August 31, 1972, the plaintiffs filed suit seeking (1) the convening of a three-judge court pursuant to 28 U.S.C. § 228110 and § 2284;11 (2) a declaration that the disciplinary rules are unconstitutional on their face and as applied (28 U.S.C. §§ 2201,12 220213), and (3) an injunction restraining further enforcement of the rules (28 U.S.C. § 228314). The plaintiffs allege causes of action under 42 U. S.C. § 1983, Article I, § 2 and Article II, § 4 of the United States Constitution, and the First, Third, Fourth, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendments to the United States Constitution. The plaintiffs assert jurisdiction under 28 U.S.C. §§ 1331,15 1343.16
In addition to the purely federal claims, supra, the plaintiffs assert that this Court should accept pendant jurisdiction over state law claims,—that the Disciplinary Rules exceed the rule making power of the Pennsylvania Supreme Court under Article V § 10(c) of the Pennsylvania Constitution, P.S., and violate the separation of powers mandated by Articles II, § 1; IV, § 1; and V, § 1 of the Pennsylvania Constitution.
The rule challenged by the plaintiffs is Rule 17-19 of the Rules of Disciplining Enforcement which now16a provides as follows:
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