Attorney’s suit against Supreme Court and disciplinary office dismissed

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A judge dismissed a suit from a Hockessin lawyer seeking to bar the Delaware Supreme Court and attorneys from the state’s Office of Disciplinary Counsel from handling his action.

Richard Abbott sought a declaration that the attorney disciplinary process is unlawful and unconstitutional as applied to him. He also requested that the court place Delaware’s attorney disciplinary system into receivership.

The Supreme Court makes the final decision in disciplinary actions involving lawyers.

Members of the Chancery Court appointed Superior Court Judge Jeffrey Clark to handle Abbot’s case. Clark agreed with state Department of Justice lawyers who claimed Chancery Court had no jurisdiction in the matter.

Since he ruled that Chancery had no jurisdiction, Clark did not address other matters raised by Abbott.

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Abbott has been unsuccessful in pursuing the case in other venues, including federal court.

Click here for a link to the decision.

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