In re Schachne
| Decision Date | 08 February 1937 |
| Docket Number | No. 210.,210. |
| Citation | 87 F.2d 887 |
| Parties | In re SCHACHNE. |
| Court | U.S. Court of Appeals — Second Circuit |
Abraham Schachne, of Brooklyn, N. Y., pro se (Joseph G. M. Browne, of Brooklyn, N. Y., of counsel), for appellant.
Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and Frank J. Parker, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for appellee.
Before MANTON, SWAN, and CHASE, Circuit Judges.
After timely notice and a hearing before four District Judges of the Eastern District of New York, appellant was, by an order of February 2, 1934, suspended from practice for a period of five years with the right to apply for reinstatement thereafter upon showing that during the period of suspension he had "refrained from unprofessional conduct as an attorney-at-law." No appeal was taken from this order.
After two unsuccessful motions for reinstatement, appellant moved again for the vacation of the order of suspension because of alleged recantation of testimony by witnesses who testified against him in his disbarment proceedings and who later testified in other disbarment proceedings in the New York state court, where he was suspended for a period coterminous with his suspension by the District Court.
He was found guilty of unprofessional conduct in a bankruptcy proceeding wherein he appeared as attorney.
The evidence taken at the hearing upon which the court entered the order appealed from consisted of testimony received in a preliminary hearing before one of the District Judges; the proceedings continued before four judges of the District Court and again at a hearing in the disciplinary proceedings of the state court before the official referee. While the testimony in the last-mentioned hearing is not in full, appellant asserts the testimony of three witnesses taken in that proceeding "so far as material" is in this record. This application was heard by the four District Judges who suspended appellant and another recent appointee to the District Court, and they said there was "no reason for a vacation or modification of the original order."
The order of suspension was appealable. Thatcher v. United States, 212 F. 801 (C.C.A.6). The Circuit Courts have repeatedly entertained appeals from such orders, and their jurisdiction to do so has been assumed without discussion. Costigan v. Adkins, 57 App.D.C. 153, 18 F.(2d) 803; Thomas v. Ogilby, 59 App.D.C. 282, 44 F. (2d) 890 (C.C.A.D.Col.); Bartos v. U. S. District Court, 19 F.(2d) 722 (C.C.A.8); United States v. Hicks, 37 F.(2d) 289 (C. C.A.9). Contrary holdings by the Supreme Court establishing mandamus as the proper remedy (Ex parte Bradley, 7 Wall. 364, 19 L.Ed. 214; Ex parte Robinson, 19 Wall. (86 U.S.) 513, note, 22 L.Ed. 205; Thatcher v. United States, 241 U.S. 644, 36 S.Ct. 450, 60 L.Ed. 1218) are explainable by differences in appellate jurisdiction,...
To continue reading
Request your trial
-
Howard v. Wilbur
...666, certiorari denied, 309 U.S. 664, 60 S.Ct. 593, 84 L.Ed 1011, rehearing denied, 309 U.S. 698, 60 S.Ct. 713, 84 L.Ed. 1037; In re Schachne, 2 Cir., 87 F.2d 887. It will be noticed that the motion to dismiss the appeal is not based upon the ground that the action abated upon the death of ......
-
Sacher v. Association of the Bar of City of New York
...of the trial court remains unchanged. In re Sacher, 2 Cir., 206 F.2d 358, 361; In re Chopak, 2 Cir., 160 F.2d 886, 887; In re Schachne, 2 Cir., 87 F.2d 887, 888; In re Spicer, 6 Cir., 126 F.2d 288, 289, 292; In re Patterson, 9 Cir., 176 F.2d 966, note 1. 7 Burns v. United States, 287 U.S. 2......
-
In re Patterson
... ... Reversed ... --------Notes: 1 An order of disbarment is appealable to this court. Thatcher v. United States, 1914, 6 Cir., 212 F. 801; In re Schachne, 2 Cir., 1937, 87 F.2d 887; In re Chopak, 1947, 2 Cir., 160 F.2d 886, certiorari denied 331 U.S. 835, 67 S.Ct. 1516, 91 L.Ed. 1848; Howard v. Wilbur, 1948, 6 Cir., 166 F.2d 884 ... The power to disbar or otherwise discipline an attorney is possessed by all courts which have ... ...
-
In re Spicer
...15 L.Ed. 565; In re Ulmer, D.C., 208 F. 461, 467; Duke v. Committee on Grievances, etc., 65 App.D.C. 284, 82 F.2d 890, 894; In re Schachne, 2 Cir., 87 F.2d 887, 888. No duty is ever imposed upon a court more delicate than an inquiry into the conduct of counsel. Davis v. Chattanooga Union R.......