In re Smith
West Virginia Supreme Court
1DissentMiller, Justice
I dissent from the majority opinion as I believe it has completely destroyed any rational basis for determining when a disbarred attorney should be reinstated to the practice of law. All courts uniformly recognize that the disbarment of an attorney is based on the fact that he has committed an extremely serious offense. Moreover, it is uniformly held that in order for a disbarred attorney to regain his license he bears the heavy burden of showing that he has rehabilitated himself. We made these two points plain in our recent case of In re Brown, 166 W.Va —, 262 S.E.2d 444, 445-46 (1980):
*33“[I]t…
2Cases cited29 opinions
- Graziani v. Committee on Legal EthicsSupreme Court of the United States · 1974
- West Virginia State Bar v. EarleyWest Virginia Supreme Court · 1959
- In the Matter of HissMassachusetts Supreme Judicial Court · 1975
- In Re StumpCourt of Appeals of Kentucky (pre-1976) · 1938
- State Ex Rel. D. D. H. v. DostertWest Virginia Supreme Court · 1980
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