CONSTITUTIONAL LAW - REINSTATEMENT OF ATTORNEY - CONSTITUTIONALITY OF PARDON STATUTE - LEGISLATIVE ENCROACHMENT ON JUDICIAL POWER

Authors

Abstract

In proceedings based on the record of his conviction for attempted extortion, the petitioner was disbarred. Having received a full pardon from the governor, he sought reinstatement, relying on a statute which purported to make reinstatement mandatory on the court upon proof of the pardon. Held, the statute is unconstitutional in so far as it directs the court to reinstate a disbarred attorney without a showing of moral rehabilitation. It is an encroachment by the legislature upon the inherent power of the court to admit attorneys to practice and in effect vacates a judicial order by legislative mandate. In re Lavine, (Cal. 1935) 41 Pac. (2d) 161.

Recommended Citation

CONSTITUTIONAL LAW - REINSTATEMENT OF ATTORNEY - CONSTITUTIONALITY OF PARDON STATUTE - LEGISLATIVE ENCROACHMENT ON JUDICIAL POWER, 33 Mich. L. Rev. 1259 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss8/17