US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

COHEN V. HURLEY, 366 U. S. 117 (1961)

Subscribe to Cases that cite 366 U. S. 117 RSS feed for this section

U.S. Supreme Court

Cohen v. Hurley, 366 U.S. 117 (1961)

Cohen v. Hurley

No. 84

Argued December 14 15, 1960

Decided April 24, 1961

366 U.S. 117


During a judicial inquiry in a state court into alleged professional misconduct of lawyers, petitioner, a lawyer, was called to testify and produce records before the judge in charge of the inquiry. Relying primarily on his state privilege against self-incrimination, he refused to produce the required records and to answer questions relating to his alleged professional misconduct, and he persisted in such refusal after being warned that it might result in "serious consequences" in the form of an exercise of the court's disciplinary power over attorneys practicing before it. Solely on the ground of such refusal to cooperate in the court's efforts to expose unethical practices, and without any independent proof of wrongdoing on his part, petitioner was disbarred by the state court.

Held: disciplinary action did not violate petitioner's rights under the Fourteenth Amendment. Pp. 366 U. S. 118-131.

(a) Disbarment of petitioner solely because of his refusal to cooperate in the court's efforts to expose unethical conduct, and without any independent evidence of wrongdoing on his part, was not arbitrary or irrational, and it did not deprive him of liberty without due process of law contrary to the Fourteenth Amendment. Konigsberg v. State Bar, ante, p. 366 U. S. 36; In re Anastaplo, ante, p 366 U. S. 82. Pp. 366 U. S. 123-125.

(b) A different conclusion is not required by the fact that petitioner's refusal was based on a bona fide assertion of his state privilege against self-incrimination. Pp. 366 U. S. 125-127.

(c) The Fourteenth Amendment did not give petitioner a federal constitutional right not to be required to incriminate himself in the state proceedings. Pp. 366 U. S. 127-129.

(d) The State's action does not unconstitutionally discriminate against lawyers as a class. Pp. 366 U. S. 129-131.

7 N.Y.2d 488, 166 N.E.2d 672, affirmed. chanroblesvirtualawlibrary

Page 366 U. S. 118

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™