Bar Ass'n of Greater Cleveland v. Simpson

At the outset respondent concedes that he has been convicted of offenses involving moral turpitude; nevertheless, he questions whether the recommendation of disbarment is not unduly severe. Respondent then attempts to draw a parallel between a disciplinary action and a criminal charge by stating that the case of Mullaney v. Wilbur (1975), 421 U. S. 684, 44 L. Ed. 2d 508, should be applied for its doctrine that the burden of persuasion is on the state (the board here) to show that a less severe alternative is not in order. While the application of Mul-laney is novel, the argument presented is…