It’s going to be a long hot Summer.
The man has been charged with being a fugitive from justice
… John Eastman, who was in the vanguard of lawyers plotting schemes involving “fake electors” and other ploys to help Donald Trump thwart Joe Biden’s win in 2020, is now under close scrutiny in federal and state investigations of Trump’s drives to stay in power, and faces possible disbarment in California, say former prosecutors. …
Wait wait–“faces possible disbarment in California”?!?!? WTF do you have to do, as a lawyer, to get disbarred there? Ye gods.
It’s hard to get a lawyer disbarred anywhere. Usually takes messing around with client money after being sanctioned the first time or pissing off courts after being sanctioned
ETA: Some details on the disbarment
But can a retired lawyer can still practice law? Un-retiring can be achieved by paying a fee, etc.
Disbarment would be preferable and well deserved.
If granted leave to retire, this would end the career of a once-respected attorney whose decision to embrace MAGA craziness dragged him into an ethical quagmire that he had little hope of ever escaping.
The letter implies that this retirement is permanent with no take backs and the only person he can represent is himself. Whether or not that’s true
Going for an insanity plea?
Due to Respondent’s age and ailing health, we accept Respondent’s irrevocable resignation with the condition that he may never practice law in this state. Although Respondent’s misconduct warrants the sanction of disbarment, we find Respondent’s irrevocable resignation is a more severe sanction because Respondent is now permanently precluded from practicing law in this state. In contrast, a sanction of disbarment would permit Respondent to file a petition for reinstatement after five years from the date of the entry of the order of disbarment
The Georgia Bar states
A member in good standing who chose to resign their membership; therefore, is not eligible to practice law in Georgia. (Resignation requires Executive Committee approval.) (This status does not permit the member to practice law in Georgia)
Member who has been disbarred or voluntarily surrendered their license pending disciplinary action by Supreme Court Order. A form of public discipline where the attorney is ineligible to practice law in Georgia. This level of discipline is appropriate in cases of serious ethical misconduct. Disbarred attorneys are ineligible to practice law in Georgia.
Lawyers who don’t want to practice file for inactive status.
Inactive Member in Good Standing***
Member who is in good standing, paid inactive license fees, but by member’s election is currently not eligible to practice law in Georgia. Eligible to activate membership; includes members found to be permanently disabled. (This status does not permit the member to practice law in Georgia.)
Added this document
The rules George Rules of Professional Conduct define a “voluntary surrender of license” as a “Petition for Voluntary Discipline in which the respondent voluntarily surrenders his license to practice law in this State. A voluntary surrender of license is tantamount to disbarment.” George Rules of Professional Conduct, rule 4-110(f). A petition for voluntary discipline must contain admissions of fact and admissions of conduct in violation of the rules of professional conduct sufficient to authorize the imposition of discipline. GRPC, rule 4-227.
Although a voluntary surrender of license is tantamount to disbarment (GRPC, rule 4-110(f)) and disbarment is permanent (GRPC, rule 4-220), case law demonstrates that reinstatement is permitted after resignation, see, e.g., In the Matter of Mullman, 603 S.E.2d 217 (Ga. 2004). No minimum amount of waiting time is specified before reinstatement may be sought.
In Texas, when a lawyer retires in lieu of discipline, there is usually a contract or agreed order that they won’t seek to rejoin the bar. The requirement he ask for permission because of pending discipline proceedings is probably so the bar can condition their approval on him staying retired.
I can’t quickly find confirmation of that and I don’t have time to read thru the relevant Georgia Bar rules. But I sincerely doubt he is going to be permitted to rejoin the bar and the fact he retired in lieu of discipline will be on his bar record. Which any other bar will acquire if he tries to get licensed somewhere else.
A Washington, D.C.-based bar discipline committee concluded Friday that Rudy Giuliani should be disbarred for “frivolous” and “destructive” efforts to derail the 2020 presidential election in support of former President Donald Trump.
“Cooper went on to say that Bensch hopes to start a career in law enforcement, adding that it’s “not beyond the realm of possibility” that he could do so even with his misdemeanors.”
Excellent! And since they were misdemeanors - he gets to own a firearm too.
Looking at a list of disbarments affecting notable attorneys in the US the list isn’t that long. Skimming the list a lot of those disbarments list fraud, perjury, bribery, racketeering, or killing someone as the reason for the disbarment.
By “retiring”, he did dodge a required mental health examination.
Prosecutors agreed to dismiss three other felony counts and a misdemeanor at the end of the proceedings in a deal to hold a stipulated bench trial before U.S. District Judge Amit Mehta instead of a D.C. jury.
Who appointed Amit Mehta to the bench?
US president Barack Obama
Mehta was appointed to the United States District Court for the District of Columbia on December 22, 2014, by former US president Barack Obama.May 26, 2023