No. 18-104

Robert Philip Tuerk v. The Disciplinary Board of the Supreme Court of Pennsylvania

Lower Court: Pennsylvania
Docketed: 2018-07-23
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: attorney-disbarment attorney-discipline constitutional-rights cruel-and-unusual-punishment due-process equal-protection freedom-of-travel freedom-to-travel prior-restraint reciprocal-discipline
Latest Conference: 2018-11-16 (distributed 2 times)
Question Presented (from Petition)

1. Whether the reciprocal upon reciprocal
discipline of disbarment of an attorney by his home
state that originally disciplined him for one (1) year
and a day, which fails multiple elements of a singleelement fail constitutionality test that was set by
this Honorable Court, is unconstitutional?

2. Whether the reciprocal upon reciprocal
discipline of disbarment of an attorney by his home a
state that originally disciplined him for one (1) year
and a day, whereby the reciprocal discipline of the
foreign jurisdiction was unjust, excessive,
disproportionate, assessed with infirm facts, a lack of
procedural and substantive due process, a lack of
equal protection of the law, which violates the Cruel
and Unusual Punishment, Equal Protection, and
Due Process Clauses, is unconstitutional?

3. Whether there is an unconstitutional
prior restraint upon the constitutional right of
Freedom to Travel between the states when
reciprocal upon reciprocal discipline of disbarment of
an attorney by his home state that had originally
disciplined him for one (1) year and a day is unfairly
instituted without proper due process?

Question Presented (AI Summary)

Whether reciprocal upon reciprocal discipline of disbarment of an attorney by his home state that originally disciplined him for one (1) year and a day is unconstitutional

Docket Entries

2018-11-19
Rehearing DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-24
2018-10-01
Petition DENIED.
2018-08-29
DISTRIBUTED for Conference of 9/24/2018.
2018-08-17
Waiver of right of respondent Disciplinary Board of the Supreme Court of Pennsylvania to respond filed.
2018-07-17
Petition for a writ of certiorari filed. (Response due August 22, 2018)

Attorneys

Disciplinary Board of the Supreme Court of Pennsylvania
Harriet R. BrumbergOffice of Disciplinary Counsel, Respondent
Robert Philip Tuerk
Robert P. Tuerk — Petitioner