Topic: charges of misconduct or incapacity shall be established by… · Go Syfert
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Topic #9026

6 canonical passages across 4 cases, quoted by 41 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from In Re Greene.

#Case FlagCanonical passage Citers
1 In Re Greene Anchor
sc · 2006
green “charges of misconduct or incapacity shall be established by clear and convincing evidence, and the burden of proof of the charges shall be on the disciplinary counsel.” 16
2 In Re Hazzard
sc · 2008
green “the court is not bound by the panel's recommendation and may make its own findings of fact and conclusions of law.” 8
3 In Re Thompson
sc · 2000
green “the assessment of costs is in the discretion of the court.” 5
4 In Re Thompson
sc · 2000
green “has the sole authority ... to decide the appropriate sanction after a thorough review of the record.” 4
5 In Re Tullis
sc · 2007
green “the authority to discipline attorneys and the manner in which the discipline is given rests entirely with this court.” 4
6 In Re Hazzard
sc · 2008
green “the supreme court may accept, reject, or modify in whole or in part the findings, conclusions and recommendations of the commission.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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