628 F.3d 379
7th Cir.2010Background
- Wick, previously disbarred by the Supreme Court of Illinois for overbilling clients, is a member of the Seventh Circuit bar and was ordered to show cause why he should not be expelled from the Seventh Circuit bar.
- The Seventh Circuit notes its rare use of voluntary withdrawal and expresses concern that withdrawal can be used to evade disciplinary sanctions.
- Wick sought voluntary withdrawal, citing reasons such as closing his practice and lack of current cases, but his filings were misleading about the pending Illinois disciplinary order.
- Illinois disbarment occurred in September 2010, and the Seventh Circuit subsequently ordered Wick to show cause for possible disbarment in this court.
- The court rejects Wick’s request to withdraw to avoid further discipline and concludes that withdrawal would improperly excuse misconduct and mislead the public about the disciplinary process.
- The court also addresses Wick’s request to suspend proceedings pending his certiorari petition in the Supreme Court, ultimately concluding he cannot halt the Seventh Circuit disciplinary process on those grounds and orders disbarment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wick may resign from the Seventh Circuit bar amid disciplinary proceedings | Wick seeks voluntary withdrawal due to lack of current practice and to avoid further discipline | The court should not permit resignation to evade disciplinary sanctions and mislead about proceedings | No; voluntary withdrawal is inappropriate to evade discipline. |
| Whether the disciplinary proceeding should be stayed pending Supreme Court certiorari | Wick argues due process concerns and seeks stay/deferral | Disciplinary action should proceed despite related certiorari petition | Proceed with discipline; no stay granted. |
| Whether due process concerns in the Illinois disbarment affect this court’s discipline | Due process issues raised justify resisting Illinois disbarment | No grave procedural deficiency shown; prior Illinois proceeding valid | No reversible procedural defect proven; disbarment appropriate. |
| Whether Wick’s Illinois disbarment mandates or precludes Seventh Circuit disbarment | Disbarment in another jurisdiction supports reciprocal discipline | Reciprocal discipline is not strictly required but may be warranted | Wick is disbarred in this court. |
Key Cases Cited
- In re Ruffalo, 390 U.S. 544 (U.S. 1968) (due process considerations in disbarment proceedings)
- Selling v. Radford, 243 U.S. 46 (U.S. 1917) (disbarment procedures and collateral attack considerations)
- In re Saghir, 595 F.3d 472 (2d Cir. 2010) (withdrawal and disciplinary authority context in bar proceedings)
- In re Jaffe, 585 F.3d 118 (2d Cir. 2009) (withdrawal considerations in disciplinary context)
- In re Sibley, 564 F.3d 1335 (D.C. Cir. 2009) (procedural irregularities in disciplinary hearings)