Ligon v. Stilley
2010 Ark. 418
Ark.2010Background
- Stilley faced disbarment in an original action under Ark. Const. Amend. 28 and 80; a special judge heard the case after prior CPC proceedings and Rule 11 sanctions; the petition charged 32 counts of professional misconduct and fitness concerns; factual history includes extensive prior disciplinary history and multiple federal and state litigations; a sanctions hearing culminated in recommended disbarment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports the findings of misconduct | Ligón | Stilley | Yes; the findings are not clearly erroneous and disbarment is warranted. |
| Whether the special judge properly weighed sanctions under Section 19 | Ligón | Stilley | Yes; multiple aggravating factors support disbarment. |
| Whether Stilley received meaningful adjudication of his arguments | Ligón | Stilley | Meaningful adjudication occurred; arguments were adequately considered. |
| Whether Section 5(C)(1) is unconstitutional as applied to this case | Ligón | Stilley | No prejudice shown; argument rejected for lack of demonstrated prejudice. |
| Whether disbarment is the appropriate sanction given the misconduct | Ligón | Stilley | Disbarment is warranted due to serious, systemic misconduct and pattern over years. |
Key Cases Cited
- Ligon v. McCullough, 303 S.W.3d 78 (Ark. 2009) (review standards for disciplinary findings; pendency of related proceedings)
- In re Anderson, 851 S.W.2d 408 (Ark. 1993) (foundational authority for regulation of the practice of law)
- Wilson v. Neal, 964 S.W.2d 199 (Ark. 1998) (guidance on panel findings and sanction considerations)