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Keywords

attorneylawyerliabilityappealtrialdue process

attorneyappealtrialdue process

Related Cases

In re Ruffalo, 390 U.S. 544, 88 S.Ct. 1222, 20 L.Ed.2d 117, 43 O.O.2d 459

Facts

Petitioner Ruffalo, an active trial lawyer, was disbarred by the Court of Appeals for the Sixth Circuit based on findings from the Ohio Supreme Court, which had suspended him for alleged misconduct. The charges stemmed from his employment of Michael Orlando, a railroad employee, to investigate Federal Employers' Liability Act cases. During the state proceedings, additional charges were introduced after both Ruffalo and Orlando had testified, leading to claims of procedural unfairness.

Petitioner was ordered indefinitely suspended from the practice of law by the Supreme Court of Ohio on two findings of alleged misconduct. Mahoning County Bar Ass'n v. Ruffalo, 176 Ohio St. 263, 199 N.E.2d 396. That order became final and is not here on review. The Federal District Court, after ordering petitioner to show cause why he should not be disbarred, found that there was no misconduct.

Issue

Did the lack of fair notice regarding the charges against Ruffalo in the state disbarment proceedings violate his right to procedural due process?

Rule

An attorney is entitled to procedural due process, which includes fair notice of the charges against him before disciplinary proceedings commence.

Analysis

The Court determined that Ruffalo had no notice that his employment of Orlando would be considered a disbarment offense until after both had testified. This procedural violation deprived him of the opportunity to adequately defend himself against the charges, which were amended during the proceedings. The Court emphasized that such a lack of notice is unacceptable in any legal context, particularly in quasi-criminal proceedings like disbarment.

As noted, the charge (No. 13) for which petitioner stands disbarred was not in the original charges made against him. It was only after both he and Orlando had testified that this additional charge was added. Thereafter, no additional evidence against petitioner relating to charge No. 13 was taken.

Conclusion

The Supreme Court reversed the disbarment decision, concluding that the procedural due process violation in the state proceedings infected the federal disbarment process, necessitating reversal.

The Court reverses petitioner's disbarment by the Court of Appeals for the Sixth Circuit because petitioner had inadequate notice prior to his earlier state disbarment proceeding of the charges which the Mahoning County Bar Association was bringing against him at that proceeding.

Who won?

Ruffalo prevailed in the case because the Supreme Court found that he was denied procedural due process, which invalidated the disbarment.

Petitioner, active in the trial of FELA cases, hired a railroad man to help investigate the cases. He was Orlando, a night-shift car inspector for the Baltimore & Ohio Railroad Co.

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