Subject: Re: [NEXTEL-1] Re: Go Todd!!!!

From: [email-masked]
Date: Wed, 27 Nov 2002 08:44:22 EST

In a message dated 11/26/2002 10:26:05 PM Eastern Standard Time, 
[email-masked] writes:

> Ok, I will bite.  Why would someone ask the FCC to disbar someone?
> 
> Would that not be a function of the local Bar association?

Doesn't have to be.  The following is from the FCC Rules:

Alan T.

§1.24  Censure, suspension, or disbarment of attorneys. 

    (a)  The Commission may censure, suspend, or disbar any person who has 
practiced, is practicing or holding himself out as entitled to practice 
before it if it finds that such person:

        (1)  Does not possess the qualifications required by §1.23;

        (2)  Has failed to conform to standards of ethical conduct required 
of practitioners at the bar of any court of which he is a member;

        (3)  Is lacking in character or professional integrity; and/or

        (4)  Displays toward the Commission or any of its hearing officers 
conduct which, if displayed toward any court of the United States or any of 
its territories or the District of Columbia, would be cause for censure, 
suspension, or disbarment.

    (b)  Except as provided in paragraph (c) of this section, before any 
member of the bar of the Commission shall be censured, suspended, or 
disbarred, charges shall be preferred by the Commission against such 
practitioner and he or she shall be afforded an opportunity to be heard 
thereon.

    (c)  Upon receipt of official notice from any authority having power to 
suspend or disbar an attorney in the practice of law within any state, 
territory, or the District of Columbia which demonstrates that an attorney 
practicing before the Commission is subject to an order of final suspension 
(not merely temporary suspension pending further action) or disbarment by 
such authority, the Commission may, without any preliminary hearing, enter an 
order temporarily suspending the attorney from practice before it pending 
final disposition of a disciplinary proceeding brought pursuant to 
§1.24(a)(2), which shall afford such attorney an opportunity to be heard and 
directing the attorney to show cause within thirty days from the date of said 
order why identical discipline should not be imposed against such attorney by 
the Commission.

    (d)  Allegations of attorney misconduct in Commission proceedings shall 
be referred under seal to the Office of General Counsel.  Pending action by 
the General Counsel, the decision maker may proceed with the merits of the 
matter but in its decision may make findings concerning the attorney's 
conduct only if necessary to resolve questions concerning an applicant and 
may not reach any conclusions regarding the ethical ramifications of the 
attorney's conduct.  The General Counsel will determine if the allegations 
are substantial, and, if so, shall immediately notify the attorney and direct 
him or her to respond to the allegations.  No notice will be provided to 
other parties to the proceeding.  The General Counsel will then determine 
what further measures are necessary to protect the integrity of the 
Commission's administrative process, including but not limited to one or more 
of the following:

        (1)  Recommending to the Commission the institution of a proceeding 
under paragraph (a) of this section;
        (2)  Referring the matter to the appropriate State, territorial, or 
District of Columbia bar; or
        (3)  Consulting with the Department of Justice.

---

From: Marcel <[email-masked]>
Date: Wed, 27 Nov 2002 12:30:32 -0500

And you were accused of????????

[email-masked] wrote:

> practiced, is practicing or holding himself out as entitled to
> practice before it if it finds that such person:
>
> (2)  Has failed to conform to standards of ethical conduct required of
> practitioners at the bar of any court of which he is a member;
>
> conduct which, if displayed toward any court of the United States or
> any of its territories or the District of Columbia, would be cause for
> censure, suspension, or disbarment.
>
> practitioner and he or she shall be afforded an opportunity to be
> heard thereon.
>
> (c)  Upon receipt of official notice from any authority having power
> to suspend or disbar an attorney in the practice of law within any
> state, territory, or the District of Columbia which demonstrates that
> an attorney practicing before the Commission is subject to an order of
> final suspension (not merely temporary suspension pending further
> action) or disbarment by such authority, the Commission may, without
> any preliminary hearing, enter an order temporarily suspending the
> attorney from practice before it pending final disposition of a
> disciplinary proceeding brought pursuant to §1.24(a)(2), which shall
> afford such attorney an opportunity to be heard and directing the
> attorney to show cause within thirty days from the date of said order
> why identical discipline should not be imposed against such attorney
> by the Commission.
>
> (d)  Allegations of attorney misconduct in Commission proceedings
> shall be referred under seal to the Office of General Counsel.
> Pending action by the General Counsel, the decision maker may proceed
> with the merits of the matter but in its decision may make findings
> concerning the attorney's conduct only if necessary to resolve
> questions concerning an applicant and may not reach any conclusions
> regarding the ethical ramifications of the attorney's conduct.  The
> General Counsel will determine if the allegations are substantial,
> and, if so, shall immediately notify the attorney and direct him or
> her to respond to the allegations.  No notice will be provided to
> other parties to the proceeding.  The General Counsel will then
> determine what further measures are necessary to protect the integrity
> of the Commission's administrative process, including but not limited
> to one or more of the following:
>