IN RE GREEN

U.S. | 1891-10-19
Mr. Justice Gray was absent at the time of the submission and decision of this case.
141 U.S. 325 Supreme Court of the United States (1891) Positive Treatment
Also reported at: 35 L. Ed. 765 · 12 S. Ct. 11 · SCDB 1891-001 · 1891 U.S. LEXIS 2522
Cited by 53 cases

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Synopsis

An attorney who was disbarred by Colorado's Supreme Court for using vituperative and defamatory language against a judge and fellow attorneys in court pleadings sought a writ of mandamus from the U.S. Supreme Court to restore his license. The Supreme Court denied the petition, holding that it lacks jurisdiction to issue writs of mandamus to state courts except in cases specifically enumerated in federal statute, and that state regulation of attorney conduct through disbarment falls outside the Supreme Court's mandamus authority.


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Opinion of the Court
Mr. Justice Eield

Mr. Justice Eield

. delivered the opinion of the court.

' It appears from the petition of the applicant, which he asks leave to file, that he has been disbarred, from .the practice of law as an attorney and .counsellor, in the courts of Colorado by order of the Supreme Coiirt of that State, and he prays for a writ of mandamus from this court commanding the judges of that court to restore him to his office and to vacate the order óf disbarment.

The ground of the disbarment, as shown by the petition and the opinion of the Supreme Court of Colorado, to which it refers, was vituperative and denunciatory language used by the applicant in the pleadings in a suit brought in the Circuit Court of the United States respecting the conduct of a judge of the Superior Court of the city of Denver, Colorado, in certain proceedings had before him, and respecting the conduct of counsel therein, amounting to charges of corruption and bribery on their part in that suit, which the Supreme Court of the State found to be unwarranted by any evidence and prompted by the malice of the applicant. That court, so far as the charges against the judge of the Superior Court were concerned, evidently proceeded upon the-opinion that the obligation of attorneys and counsellors imposed upon them from their office was, among other things, to observe at all times, both in their manner and language, the respect due to courts of justice and judicial officers; and. that insulting and defamatory language, prompted by malice, respecting their conduct in court, was a breach of that obligation, for which they could properly be disbarred. It declared that the attorney’s privilege does not permit him to enter the courts and spread-upon the judicial records charges of a shocking and felonious character against brother attorneys,- and against judges engaged in the administration of justice, upon mere rumors coupled with facts which should of themselves create no suspicion of official corruption in a just and fair mind. The applicant affirms that the order of disbarment was unwarranted, arbitrary, tyrannical and oppressive, and asks the interposition of this court by mandamus for his relief.

We cannot give him the aid he seeks by that writ,: whatever may be the ground upon which the state court proceeded, and in whatever light its action may be regarded. A writ of mandamus can only .be issued from this court in aid of its .appellate jurisdictión, except in a few enumerated cases, not embracing the one before us. The Judiciary Act of 1789, adopted at the first session of Congress, after declaring that the Supreme Court should "have appellate jurisdiction from the Circuit Courts and courts of the several States, in certain cases,. provided that it should have power to issue writs of mandamus in cases, warranted by the principles and usages of law, f< to any courts appointed, or persons holding office, under the authority of the United States.” And the Revised Statutés (§ 688) reenacted this-provision in a modified form, without. removing the limitation as to the courts to which and the officers to. whom it may issue. If the applicant has any remedy in this court for his alleged grievance, upon which we express no opinion, it must be sought in another way.

Motion denied.

Mr. Justice Gray was absent at the time of the submission and decision of this case.


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Citator

Cited By (19 total)

  • In re Josephson, 218 F.2d 174 (1st Cir. 1954)
    …ure of the historic writ of mandamus. This at any rate was the construction which the Supreme Court consistently put upon Rev. [*179] Stat. § 688. See State of Virginia v. Rives, 1879, 100 U.S. 313, 323-324, 329-330, 25 L.Ed. 667; In re Green, 1891, 141 U.S. 325, 12 S.Ct. 11, 35 L.Ed. 765; American Construction Co. v. Jacksonville, etc., Ry. Co., 1892, 148 U.S. 372, 379, 13 S.Ct. 758, 37 L.Ed. 486; Ex parte Wisner, 1906, 203 U.S. 449, 27 S.Ct. 150, 51 L.Ed. 264; In re Winn, 1909, 213 U.S. 458, 465-466, 29 S…
  • Ex parte Buder, 271 U.S. 461 (U.S. 1926)
    …Virginia Commissioners, 112 U. S. 177. The motion should likewise be denied where it is clear that the appeal does not lie, or for other reasons the relief sought by the petition cannot be granted. Ex parte Brown, post, p. 645. Compare In re Green, 141 U. S. 325; Iowa v. Slimmer, 248 U. S. 115. In the case at bar, we deem it clear that there was no right to a direct appeal to this Court. We, therefore, deny the motion for leave to file the petition. In support of the claim to a direct appeal, it is contend…
  • Clark v. State OF Wash., 366 F.2d 678 (9th Cir. 1966)
    …er to issue writs of mandamus to direct state courts or their judicial officers in the performance of their duties, including disbarment proceedings. See Ex [*682] parte Secombe, 19 How. 9, 15, 60 U.S. 9, 15, 15 L.Ed. 565; In re Green, 141 U.S. 325, 12 S.Ct. 11, 35 L.Ed. 765; Gately v. Sutton, 10 Cir., 310 F. 2d 107, 108. The Bar Association had power to and did recommend to the Washington Supreme Court that it disbar Clark, RC W 2.48.060, but it had no power to and did not disbar him. That power, togethe…

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