Theard v. United States, 354 U.S. 278 (1957). · Go Syfert
Theard v. United States, 354 U.S. 278 (1957). Cases Citing This Book View Copy Cite
1,310 citation events (322 in the last 25 years) across 95 distinct courts.
Strongest positive: Fed. Grievance Comm. v. Josephine S. Miller (ca2, 2020-03-18)
Treatment trajectory · 1958 → 2026 · click a year to view as-of
1958 1992 2026
Top citers, strongest first. 49 distinct citers.
examined Cited as authority (verbatim quote) Fed. Grievance Comm. v. Josephine S. Miller
2d Cir. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over the conduct of their officers, among whom, in the present context, lawyers are included.
examined Cited as authority (verbatim quote) In re: Linda S. Cook v. (5×) also: Cited as authority (rule), Cited "see, e.g."
6th Cir. · 2009 · quote attribution · 2 verbatim quotes · confidence high
while a lawyer is admitted into a federal court by way of a state court, he is not automatically sent out of the federal court by the same route.
examined Cited as authority (verbatim quote) In Re Chastain (3×) also: Cited as authority (quoted)
S.C. · 2000 · signal: accord · quote attribution · 3 verbatim quotes · confidence high
power of disbarment is necessary for the protection of the public
examined Cited as authority (quoted) Robert Eric Hall v. (3×)
3rd Cir. · 2016 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over the conduct of their officers, among whom, in the present context, lawyers are included.
examined Cited as authority (quoted) In re the Disbarment of Rogers (3×)
virginislands · 2013 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over the conduct of their . . . lawyers.
examined Cited as authority (quoted) In Re Corrinet (6×)
9th Cir. · 2011 · quote attribution · 6 verbatim quotes · confidence low
disbarment being the very serious business that it is, ample opportunity must be afforded to show cause why an accused practitioner should not be disbarred.
examined Cited as authority (quoted) In re Jorge Guttlein (3×)
2d Cir. · 2010 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the power of disbarment is necessary for the protection of the public in order to strip of the implied representation by courts that who is allowed to hold himself out to practice before them is in 'good standing' so to do.
examined Cited as authority (quoted) In Re Jaffe (3×)
2d Cir. · 2009 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the power of disbarment is necessary for the protection of the public in order to strip of the implied representation by courts that who is allowed to hold himself out to practice before them is in 'good standing' so to do.
examined Cited as authority (quoted) In Re Karen Jaffe
2d Cir. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
the power of disbarment is necessary for the 2 protection of the public in order to strip of 3 the implied representation by courts that who 4 is allowed to hold himself out to practice before them is in 5 'good standing' so to do.
examined Cited as authority (quoted) In Re Stubbs (5×) also: Cited as authority (rule), Cited "see"
Ga. · 2009 · quote attribution · 3 verbatim quotes · confidence low
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over the conduct of their officers
examined Cited as authority (quoted) Surrick v. Killion (5×) also: Cited "see"
3rd Cir. · 2006 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over the conduct of their officers, among whom . . . lawyers are included.
examined Cited as authority (quoted) Surrick v. Killion (5×) also: Cited "see"
3rd Cir. · 2006 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over the conduct of their officers, among whom ... lawyers are included.
examined Cited as authority (quoted) No. 02-15113 (3×)
9th Cir. · 2004 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over their officers.
examined Cited as authority (quoted) Gadda v. Ashcroft (3×)
9th Cir. · 2004 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over their officers.
examined Cited as authority (quoted) Gadda v. Ashcroft (3×)
9th Cir. · 2004 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over their officers.
examined Cited as authority (quoted) No. 02-15113 (3×)
9th Cir. · 2004 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over their officers.
examined Cited as authority (quoted) In Re the Complaint of Fisherman's Wharf Fillet, Inc. (3×)
E.D. Va. · 1999 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over the conduct of their officers, among whom ... lawyers are included.
examined Cited as authority (quoted) In Re: Steven Kramer (3×)
9th Cir. · 1999 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the short of it is that disbarment by federal courts does not automatically flow from disbarment by state courts.
discussed Cited as authority (quoted) In Re Landerman
D. Utah · 1998 · quote attribution · 1 verbatim quote · confidence low
he federal judiciary ... have autonomous control over the conduct of their officers....
examined Cited as authority (quoted) ca5 1998 (3×)
5th Cir. · 1998 · quote attribution · 3 verbatim quotes · confidence low
disbarment being the very serious business that it is, ample opportunity must be afforded to show cause why an accused practitioner should not be disbarred.
examined Cited as authority (quoted) Dailey v. Vought Aircraft Co. (3×)
5th Cir. · 1998 · quote attribution · 3 verbatim quotes · confidence low
disbarment being the very serious business that it is, ample opportunity must be afforded to show cause why an accused practitioner should not be disbarred.
discussed Cited as authority (quoted) In Re: Attorney v. (2×) also: Cited as authority (rule)
8th Cir. · 1996 · quote attribution · 1 verbatim quote · confidence low
he federal judiciary . . . have autonomous control over the conduct of their officers . . . .
discussed Cited as authority (quoted) In Re Attorney Discipline Matter
8th Cir. · 1996 · quote attribution · 1 verbatim quote · confidence low
he federal judiciary have autonomous control over the conduct of their officers. . . .
examined Cited as authority (quoted) Whitehouse v. United States District Court (5×) also: Cited as authority (rule), Cited "see, e.g."
1st Cir. · 1995 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the court's control over a lawyer's professional, life derives from his relation to the responsibilities of a court.
examined Cited as authority (quoted) ca1 1995 (7×) also: Cited as authority (rule), Cited "see, e.g."
1st Cir. · 1995 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the court's control over a lawyer's professional life derives from his relation to the responsibilities of a court.
examined Cited as authority (quoted) Whitehouse v. USDC for RI (3×) also: Cited as authority (rule), Cited "see, e.g."
1st Cir. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
the court's control over a lawyer's professional life derives from his relation to the responsibilities of a court.
examined Cited as authority (quoted) United States v. Barry J. Hoffman (6×) also: Cited "see"
9th Cir. · 1984 · signal: see · quote attribution · 3 verbatim quotes · confidence high
if the accusation rests on disbarment by a state court, such determination of course brings title deeds of high respect.
discussed Cited as authority (rule) Cynthia Pollick v. Matthew Haar (2×) also: Cited "see, e.g."
3rd Cir. · 2026 · confidence medium
Admission to practice before a federal court is a separate privilege from state licensure. 5 This is necessarily true because federal courts possess inherent authority to regulate attorneys admitted to their bar. 6 Thus, “[t]he [Middle District of Pennsylvania] has the inherent authority to set requirements for admission to its bar and to discipline attorneys who appear before it.” 7 Its Local Rule of Court 83.23.2 provides: [a]cts or omissions by an attorney admitted to practice before this court, individually or in concert with any other person or persons, which violate the Rules of Prof…
cited Cited as authority (rule) United States v. Duane Gary Underwood, II
6th Cir. · 2025 · confidence medium
Theard v. United States, 354 U.S. 278, 281 (1957).
discussed Cited as authority (rule) In Re: Henry Klein
5th Cir. · 2024 · confidence medium
Federal Rule of Appellate Procedure 46(b) allows for “suspension or disbarment” by this court of a member who “has been suspended or disbarred from practice in any other court.” However, the Supreme Court held in Theard v. United States, 354 U.S. 278, 282 (1957), “that disbarment by federal courts does not automatically flow from disbarment by state courts.” Rather, the federal court should recognize, and give effect to, the “condition created by the judgment of the state court unless, from an intrinsic consideration of the state record,” it appears that: (1) the state procedur…
discussed Cited as authority (rule) Complot v. Absolute Resolutions Corporation
D. Ariz. · 2024 · confidence medium
So, ARI’s interests established in the Federal Lawsuit would be 19 impaired by prosecution of Plaintiffs’ claims for fraud in the present action. 20 As to the Individual Defendants and Defendant Johnson Mark LLC, Judge Lanza 21 explained why Plaintiff Complot could not seek sanctions and/or disbarment of ARI’s 22 counsel through the Federal Lawsuit: 23 [A]lthough “district courts have the authority to supervise and discipline the conduct of attorneys who appear before them,” In re Kramer, 193 F.3d 1131 , 24 1132 (9th Cir. 1999), “[t]he two judicial systems of courts, the state 25 j…
discussed Cited as authority (rule) Brian Philip Manookian v. Board of Professional Responsibility of the Supreme Court of Tennessee
Tenn. · 2024 · confidence medium
“Membership in the bar is a privilege burdened with conditions.” Gentile v. State Bar of Nev., 501 U.S. 1030, 1066 (1991) (internal quotation marks omitted) (citing Theard v. United States, 354 U.S. 278, 281 (1957) (quoting In re Rouss, 116 N.E. 782, 783 (N.Y. 1917) (Cardozo, J.)).
discussed Cited as authority (rule) Complot v. Absolute Resolution Investments LLC
D. Ariz. · 2023 · confidence medium
Cal. 2022) (collecting 13 cases).2 And although “district courts have the authority to supervise and discipline the 14 conduct of attorneys who appear before them,” In re Kramer, 193 F.3d 1131, 1132 (9th 15 Cir. 1999), “[t]he two judicial systems of courts, the state judicatures and the federal 16 judiciary, have autonomous control over the conduct of their officers,” Theard v. United 17 States, 354 U.S. 278, 281 (1957), such that this Court is not in a position to disbar all the 18 attorneys employed by Johnson Mark LLC from practicing law in the state of Arizona. 19 Nor do the facts …
discussed Cited as authority (rule) Tyree B. Harris, IV v. Board of Professional Responsibility of the Supreme Court of Tennessee
Tenn. · 2022 · confidence medium
“Membership in the bar is a privilege burdened with conditions.” Theard v. United States, 354 U.S. 278, 281 (1957) (quoting In re Rouss, 116 N.E. 782, 783 (N.Y. 1917) (Cardozo, J.)); see also Flowers v. Bd. of Pro.
cited Cited as authority (rule) Gonzalez v. Samuel & Stein
S.D.N.Y. · 2020 · confidence medium
Jacobs, 44 F.3d 84, 87 (2d Cir. 1994); Theard v. United States, 354 U.S. 278, 281 (1957)).
discussed Cited as authority (rule) In Re: Jeffery Lee and Ida Mae Taulbee
E.D. Ky. · 2020 · confidence medium
The April 2, 2020, Disbarment Order Johnson also challenges the bankruptcy court’s decision to “permanently prohibit[]” her from practice in the bankruptcy court, recommend reciprocal sanctions, and “permanently enjoin[]” her from participation in bankruptcy cases. [ECF No. 175 at pp. 20–21] Her arguments focus on whether the bankruptcy court was correct to disbar her. [Record No. 4, at pp. 29–38] She also raises a due process challenge to the sanctions imposed. [Id. at pp. 27– 29] Disbarment is “very serious business.”2 Theard v. United States, 354 U.S. 278, 282 (1957); se…
discussed Cited as authority (rule) Bernstein v. United States
Fed. Cl. · 2019 · confidence medium
Plaintiff argued that the district court's original disbarment order was void for lack of jurisdiction because the court did not first issue an order to show cause, which plaintiff asserted was mandated by Theard v. United States, 354 U.S. 278, 282 (1957).
cited Cited as authority (rule) Andrew U.D. Straw v. United States District Court
7th Cir. · 2017 · confidence medium
In re Jafree, 759 F.2d 604, 608 (7th Cir. 1985) (citing Theard v. United States, 354 U.S. 278, 281 (1957)).
discussed Cited as authority (rule) NAAMJP v. Loretta Lynch
4th Cir. · 2016 · confidence medium
Rosenstein, United States Attorney, Baltimore, Maryland, Alan Burch, Special Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Washington, D.C., for Appellees. 2 GIBNEY, District Judge: “‘Membership in the bar is a privilege burdened with conditions.’” Theard v. United States, 354 U.S. 278, 281 (1957) (quoting In re Rouss, 221 N.Y. 81, 84 , 116 N.E. 782, 783 (1917)).
discussed Cited as authority (rule) In Re: M. Fletcher v.
8th Cir. · 2005 · confidence medium
As such, a court’s power to discipline members of its bar is “autonomous.” In re Attorney Discipline Matter, 98 F.3d 1082, 1087 (8th Cir. 1996) (citing Theard v. United States, 354 U.S. 278, 281 (1957)).
discussed Cited as authority (rule) Sheridan v. Michels (2×)
1st Cir. · 2004 · confidence medium
See, e.g., Roadway Express, Inc. v. Piper, 447 U.S. 752, 764-67 (1980); Theard v. United States, 354 U.S. 278, 281 (1957); Ex parte Bradley, 74 U.S. 364, 374 (1868); Ex parte Garland, 71 U.S. (4 Wall.) 333, 378-79 (1867); Ex parte Burr, 22 U.S. (9 Wheat.) 529, 531 (1824); see also In re Snyder, 472 U.S. 634, 643-45 (1985) ("Courts have long recognized an inherent authority to suspend or disbar lawyers."). -55- amended the Bankruptcy Code to create the core/non-core distinction, the case law available to Congress provided no reason to think that bankruptcy courts' status as Article I tribunals …
discussed Cited as authority (rule) Ofc Disciplinary v. Surrick (2×) also: Cited "see, e.g."
3rd Cir. · 2003 · confidence medium
This limitation recognizes that “[w]hile a 21 lawyer is admitted into a federal court by way of a state court, he is not automatically sent out of the federal court by the same route.” Theard v. United States, 354 U.S. 278, 281 (1957).
discussed Cited as authority (rule) In re Dubón Otero
prsupreme · 2001 · confidence medium
El Tribunal Supremo de Estados Unidos expresó en Theard v. United States, 354 U.S. 278, 282 (1957), que: Disbarment being the very serious business that it is, ample opportunity must be afforded to show cause why an accused practitioner should not be disbarred.
discussed Cited as authority (rule) United States v. Steele
C.A.A.F. · 2000 · confidence medium
Though that state action is entitled to respect, it is not conclusively binding on the federal courts." In re Ruffalo , 390 U.S. 544, 547 (1968), citing Theard v. United States , 354 U.S. 278, 281-82 (1957).
examined Cited as authority (rule) In re Caranchini v. (3×) also: Cited "see"
8th Cir. · 1998 · confidence medium
"The court's control over a lawyer's professional life derives from [their] relation to the responsibilities of a court." Theard v. United States, 354 U.S. 278, 281 (1957).
cited Cited as authority (rule) In re Zakrewski v.
8th Cir. · 1998 · confidence medium
However, “disbarment by federal courts does not automatically flow from disbarment by state courts.” Theard v. United States, 354 U.S. 278, 282 (1957).
cited Cited as authority (rule) In re Anonymous No. 63 D.B. 93
Pa. · 1994 · confidence medium
Theard v. United States, 354 U.S. 278, 281-282 (1957).
discussed Cited as authority (rule) Gentile v. State Bar of Nev.
SCOTUS · 1991 · confidence medium
"Membership in the bar is a privilege burdened with conditions," to use the oft-repeated statement of Cardozo, J., in In re Rouss, 221 N. Y. 81, 84 , 116 N. E. 782, 783 (1917), quoted in Theard v. United States, 354 U. S. 278, 281 (1957).
discussed Cited as authority (rule) Yagman v. Republic Insurance
C.D. Cal. · 1991 · confidence medium
“The court’s control over a lawyer’s professional life derives from his relation to the responsibilities of a court.” Theard v. U.S., 354 U.S. 278, 281 , 77 S.Ct. 1274, 1276 , 1 L.Ed.2d 1342, 1344 (1957).
Theard
v.
United States
68.
Supreme Court of the United States.
Jun 17, 1957.
354 U.S. 278
Delvaille H. Theard argued the cause and filed a brief pro se., Edwar.d H. Hickey argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Doub and Paul A. Sweeney., James G. Schillin filed a brief-for the Committee on Professional Ethics and Grievances of the Louisiana State Bar Association supporting the United States.
Frankfurter, Black, Whittaker.
Cited by 356 opinions  |  Published
17 passages pin-cited by 25 cases
Pinpoint authority: #2,389 of 633,719
Citer courts: Ninth Circuit (24) · Third Circuit (9) · Second Circuit (7) · First Circuit (6) · Fifth Circuit (6) · Supreme Court of Georgia (3) · E.D. Virginia (3)
Mr. Justice Frankfurter

delivered the opinion of the Court.

Because of petitioner’s disbarment by the Supreme Court of Louisiana, the United States District Court for the Eastern District of Louisiana struck him from its roll of attorneys, and the Court of Appeals for the Fifth Circuit affirmed the order. 228 F. 2d 617. The case raises an important question regarding disbarment by a federal court on the basis of disbarment by a state court and so we granted certiorari. 351 U. S. 961.

A proceeding for disbarment of a lawyer is always painful. The circumstances of this case make it puzzling as well as painful. The facts are few and clear. It is undisputed that petitioner, in 1935, forged a promissory note and collected its proceeds. Criminal prosecution and action for disbarment were duly initiated but both were aborted because the petitioner was “suffering under an exceedingly abnormal mental condition, some degree of insanity” at the time of this behavior, to such a degree that he was committed to an insane asylum and was under a decree of interdiction until 1948. Years after, criminal prosecution was unsuccessfully revived, State v. Theard, 212 La. 1022, 34 So. 2d 248. The disbarment proceedings, which led to the order in the federal court now under review, got under way in 1950 and the Supreme Court of Louisiana, acting on the findings of a committee of the Louisiana State Bar Association, overruled exceptions to the petition for disbarment. In so doing, the court met the plea of insanity against the claim[*280] of misconduct with the statement that it did not “view the mental deficiency of a lawyer at the time of his misconduct to be a valid defense to his disbarment.” Louisiana State Bar Association v. Theard, 222 La. 328, 334, 62 So. 2d 501, 503. The next year, “after issue had been joined,” the Supreme Court of Louisiana appointed a Commissioner to take evidence and to report to that court his findings of fact and conclusions of law. The Commissioner did so and reported to the Supreme Court this fact that we deem vital to the issue before us: “It must then, from the record, be held that the respondent was suffering under an exceedingly abnormal mental condition, some degree of insanity.” 225 La. 98, 104, 105, 72 So. 2d 310, 312. The Commissioner deemed himself, however, bound by “the law of the case” as announced by the Supreme Court in 222 La. 328, 334, 62 So. 2d 501, 503, supra, according to which it was immaterial to disbarment that the petitioner “was probably suffering from amnesia and other mental deficiencies at the time of his misdeeds.” Ibid. The Supreme Court of Louisiana in its second decision approved the Commissioner’s view about “the law of the case,” and added that, were the doctrine otherwise, it would not change its previous ruling. 225 La. 98, 108, 72 So. 2d 310, 313.

The state proceedings thus establish that petitioner was disbarred in 1954 for an action in 1935, although at the time of the fatéful conduct he was concededly in a condition of mental irresponsibility so pronounced that for years he was in an insane asylum under judicial restraint. The proceedings also establish that as an active practitioner for six years preceding disbarment, after recovering his capacity, including the argument of thirty-six cases before the Louisiana Supreme Court and the Court of Appeals for the Parish of Orleans, no charge of misconduct or impropriety was brought against him.

[*281] It is not for this Court, except within the narrow limits for review open to this Court, as recently canvassed in Konigsberg v. California, 353 U. S. 252, and Schware v. Board of Bar Examiners, 353 U. S. 232, to sit in judgment on Louisiana disbarments, and we are not in any event sitting in review of the Louisiana judgment. While a lawyer is admitted into a federal court by way of a state court, he is not automatically sent out of the federal court by the same route. The two judicial systems of courts, the state judicatures and the federal judiciary, have autonomous control over the conduct of their officers, among whom, in the present context, lawyers are included. The court’s control over a lawyer’s professional life derives from his relation to the responsibilities of a court. The matter was compendiously put by Mr. Justice Cardozo, while Chief Judge of the New York Court of Appeals. “ ‘Membership in the bar is a privilege burdened with conditions’ (Matter of Rouss, [221 N. Y. 81, 84, 116 N. E. 782, 783]). The appellant was received into that ancient fellowship for something more than private gain. He became an officer of the court, and, like the court itself, an instrument or agency to advance the ends of justice.” People ex rel. Karlin v. Culkin, 248 N. Y. 465, 470-471, 162 N. E. 487, 489. The power of disbarment is necessary for the protection of the public in order to strip a man of the implied representation by courts that a man who is allowed to hold himself out to practice before them is in “good standing” so to do.

The rules of the various federal courts, more particularly the District Court which disbarred this petitioner, have provisions substantially like the present Rule 8 of this Court dealing with disbarment. “Where it is shown to the court that any member of its bar has been disbarred from practice in any State, Territory, District, Commonwealth, or Possession, or has been guilty of con[*282] duct unbecoming a member of the bar of this court, he will be forthwith suspended from practice before this court. He will thereupon be afforded the opportunity to show good cause, within forty days, why he should not be disbarred.” Disbarment being the very serious business that it is, ample opportunity must be afforded to show cause why an accused practitioner should not be disbarred. If the accusation rests on disbarment by a state court, such determination of course brings title deeds of high respect. But it is not conclusively binding on the federal courts. The recognition that must be accorded such a state judgment and the extent of the responsibility that remains in the federal judiciary were authoritatively expounded in Selling v. Radford, 243 U. S. 46. The short of it is that disbarment by federal courts does not automatically flow from disbarment by state courts. Of the conditions that qualify such a state court judgment, the one here relevant is that some “grave reason existed which should convince us that to allow the natural consequences of the judgment to have their effect would conflict with the duty which rests upon us not to disbar except upon the conviction that, under the principles of right and justice, we were constrained so to do.” Id., at 51.

We do not think that “the principles of right and justice” require a federal court to enforce disbarment of a man eighteen years after he had uttered a forgery when concededly he “was suffering under an exceedingly abnormal mental condition, some degree of insanity.” Neither considerations relating to “the law of the case,” cf. Messenger v. Anderson, 225 U. S. 436, 444, nor the temptation to get bogged down in the quagmire of controversy about the M’Naghten rule, require automatic acceptance by a federal court of the state disbarment in the circumstances of this case. The District Court apparently felt itself[*283] so bound. This we deem error. The case must therefore be remanded to that court for disposition of the motion for disbarment under that court’s Rule 1 (f) of its General Rules, in accordance with the standards defined in Selling v. Radford, supra, and this opinion.

It is so ordered.

The Chief Justice and Mr. Justice Black concur in the result. Mr. Justice Whittaker took no part in the consideration or decision of this case.