Herman v. Dulles, Sec'y of State, 205 F.2d 715 (D.C. Cir. 1953). · Go Syfert
Herman v. Dulles, Sec'y of State, 205 F.2d 715 (D.C. Cir. 1953). Cases Citing This Book View Copy Cite
26 citation events (4 in the last 25 years) across 9 distinct courts.
Strongest positive: Sheridan v. Michels (ca1, 2004-03-30)
Treatment trajectory · 1955 → 2026 · click a year to view as-of
1955 1990 2026
Top citers, strongest first. 10 distinct citers.
cited Cited as authority (rule) Sheridan v. Michels
1st Cir. · 2004 · confidence medium
Cir. 1973) (power of SEC to disbar attorney for ethical misconduct); Herman v. Dulles, 205 F.2d 715, 715-16 (D.C.
discussed Cited as authority (rule) Sheridan v. Michels (In Re Sheridan)
1st Cir. · 2004 · confidence medium
See, e.g., Kivitz v. SEC, 475 F.2d 956, 962 (D.C.Cir.1973) (power of SEC to disbar attorney for ethical misconduct); Herman v. Dulles, 205 F.2d 715, 715-16 (D.C.Cir.1953) (similar, International Claims Commission); Francis v. Virgin Islands, 11 F.2d 860, 864 (3d Cir.1926) (upholding the contempt powers of the U.S. District Court for the Virgin Islands); Fleming v. United States, 279 F. 613, 616 (9th Cir.1922) (similar, United States Court for China).
cited Cited as authority (rule) Checkosky v. Securities & Exchange Commission
D.C. Cir. · 1994 · confidence medium
See Goldsmith v. Board of Tax Appeals, 270 U.S. 117, 122 , 46 S.Ct. 215, 217 , 70 L.Ed. 494 (1926); Herman v. Dulles, 205 F.2d 715, 716 (D.C.Cir.1953).
cited Cited as authority (rule) Checkosky v. Sec
D.C. Cir. · 1994 · confidence medium
See Goldsmith v. Board of Tax Appeals, 270 U.S. 117, 122 , 46 S.Ct. 215, 217 , 70 L.Ed. 494 (1926); Herman v. Dulles, 205 F.2d 715, 716 (D.C.Cir.1953).
discussed Cited as authority (rule) Touche Ross & Co. v. Securities & Exchange Commission
2d Cir. · 1979 · confidence medium
Similarly, in Herman v. Dulles, 205 F.2d 715, 716 (D.C.Cir.1953), the Court of Appeals for the District of Columbia Circuit held that, since the International Claims Commission had been given the “express authority to ‘prescribe such rules and regulations as may be necessary to enable it to carry out its functions’ ”, it therefore had implied authority to prescribe rules setting standards of practice and adopting procedures for disciplining attorneys who failed to conform to those standards.
discussed Cited as authority (rule) Touche Ross & Co. v. Sec
2d Cir. · 1979 · confidence medium
Instead, the Court stated that "so necessary is the power and so usual is it that the general words by which the Board is vested with the authority to prescribe the procedure in accordance with which its business shall be conducted include as part of the procedure rules of practice for the admission of attorneys." Id. at 122 . 42 Similarly, in Herman v. Dulles, 205 F.2d 715, 716 (D.C.Cir.1953), the Court of Appeals for the District of Columbia Circuit held that, since the International Claims Commission had been given the "express authority to 'prescribe such rules and regulations as may be ne…
discussed Cited as authority (rule) In re Marín Báez
prsupreme · 1959 · confidence medium
La constitucionalidad de esa combina-ción de funciones en la jurisdicción federal ha sido declarada en Randall v. Brigham, 74 U. S. 523, 539-540 (1868); Ex parte Wall, 107 U. S. 265, 271, 273, 289-290 (1882); Herman v. Dulles, 205 F.2d 715, 717 (D.
discussed Cited as authority (rule) In re Marín Báez
prsupreme · 1959 · confidence medium
The constitutionality of combining such functions in the federal jurisdiction was upheld in Randall v. Brigham, 74 U.S. 523, 539-40 (1868) ; Ex parte Wall, 107 U.S. 265, 271, 273, 289-90 (1882) ; Herman v. Dulles, 205 F. 2d 715, 717 (D.C.
cited Cited "see" Altman v. Securities & Exchange Commission
D.C. Cir. · 2011 · signal: see · confidence high
See Herman v. Dulles, 205 F.2d 715, 716 (D.C.Cir.1953).
discussed Cited "see, e.g." Halvonik v. Dudas
D.D.C. · 2005 · signal: see also · confidence medium
The Complaint Provided Sufficient Notice to Satisfy Due Process “It is elementary that any court or administrative agency which has the power to admit attorneys to practice has the authority to disbar or discipline attorneys for unprofessional conduct.” Koden v. United States Dep’t of Justice, 564 F.2d 228, 233 (7th Cir.1977); see also Herman v. Dulles, *124 205 F.2d 715, 716 (D.C.Cir.1953) (“An administrative agency that has general authority to prescribe its rules of procedure may set standards for determining who may practice before it.”).
HERMAN
v.
DULLES, Secretary of State
11627.
Court of Appeals for the D.C. Circuit.
Jun 4, 1953.
205 F.2d 715
Messrs. Joseph L. Nellis and Kenneth N. Parkinson, Washington, D. C., for appellant., Mr. William R. Glendon, Washington, D. C., Asst. U. S. Atty. at time of argument, with whom Mr. Charles M. Irelan, Washington, D. C., U. S. Atty. at time of argument, was on the brief, for appellee., Messrs. Leo A. Rover, U. S. Atty., Joseph M. Howard, Washington, D. C., Asst. U. S. Atty. at the time record was filed, and Ross O’Donoghue, Asst. U. S. Atty., Washington, D. C., -also entered appearances for appellee.
Edgerton, Miller, Prettyman.
Cited by 18 opinions  |  Published
EDGERTON, Circuit Judge.

The International Claims Commission of the United States, in the Department of State, found that the appellant, an attorney, had violated certain canons of ethics of the American Bar Association. After a hearing the Commission revoked his right to appear before it. The then Secretary of State, advised by a committee of the District of Columbia Bar Association that the Commission’s findings were correct, affirmed the revocation. On review the District Court entered a summary judgment against appellant. The present Secretary of State has been substituted as appellee.

An administrative agency that has general authority to prescribe its rules of procedure may set standards for determining who may practice before it. Goldsmith v. U. S. Board of Tax Appeals, 270 U.S. 117, 122, 46 S.Ct. 215; 70 L.Ed. 494. The International Claims Commission has express authority to “prescribe such rules and regulations as may be necessary to enable it to carry out its functions”. 64 Stat. 13, 22 U.S.C.A. § 1622(c). Before this controversy arose the. Commission adopted and published certain Rules of Practice and Procedure. 15 F.R. 8675-8678. Section 300.4(b) of these Rules tells how attorneys may qualify to appear before the Commission. Section 300.6 prescribes grounds on • which their right to appear may be revoked. One such ground is a finding by the Commission that an attorney “has failed to conform to recognized standards of professional conduct.” 15 F.R. 8676. This rule supports the Commission’s action against the appellant. [1] Camp v. Herzog, 104 F.Supp. 134, decided by the United States District Court for the District of Columbia in 1952, is not to[*717] the contrary. If the Board there involved had issued rules, there would have been “no question as to its power to discipline.” 104 F.Supp. at page 138.

In revoking appellant’s right to appear before it, the Commission exercised its discretion “after fair investigation, with such a notice, hearing and opportunity to answer * * * as would constitute due process.” Goldsmith v. U. S. Board of Tax Appeals, supra, 270 U.S. at page 123, 46 S.Ct. at page 217. The evidence was sufficient. Appellant complains that counsel for the Commission suggested the burden was on appellant to disprove the charges. But since the 'Commission did not adopt the suggestion, counsel’s error was harmless.

We do not consider whether the Commission’s proceedings complied with the requirements of §§ 5, 7, and 8 of the Administrative Procedure Act, 60 Stat. 237, 5 U.S.C.A. § 1001 et seq. The requirements regarding adjudication apply “In every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing * * * ” (§5) and the hearing and decision requirements of §§ 7 and 8 apply to rule making “Where rules are required by statute to be made on the record after opportunity for an agency hearing * * § 4(b). No statute creates the conditions that would make these provisions applicable to the disciplinary proceedings here involved.

Section 6, 60 Stat. 240, 5 U.S.C.A. § 1005, deals with “Ancillary matters” including, in paragraph (a), “Appearance.” It provides that persons compelled to appear before an agency may be accompanied and represented by “counsel.” It does not regulate the qualifications of counsel or provide how agencies may regulate them. During debate on the bill Senator McCarran read with approval the Attorney General’s statement that § 6(a) “does not deal with, or in any way qualify, the present power of an agency to regulate practice at its bar.” Administrative Procedure Act, Legislative History, 79th Cong. 2d Sess., Sen.Doc. 248, p. 317. Bills to regulate admissions and disciplinary proceedings in administrative agencies have been introduced but not passed. These include H.R. 8201, 81st Cong., 2d. Sess., and H.R. 3097, 82d Cong., 1st Sess. “It is clear * * * that the existing powers of the agencies to control practice before them are not changed by the Administrative Procedure Act.” Attorney General’s Manual on the Administrative Procedure Act, 1947, p. 66.

Affirmed.

1

. Appellant complains that, additional rules were published on the day of the hearing. 17 F.R. 693-695, Jan. 23, 1952. But they were served on appellant five days before the hearing and they only provided, procedures to be followed in cases under § 300.6.