What is the test for a motion to suspend or disbarred an attorney who has previously been admitted to the bar?
MultiRegion, United States of America
The following excerpt is from Carvajal v. U.S., 978 F.2d 714 (9th Cir. 1992):
Appellant claims his 28 U.S.C. 2255 motion includes "new information" not addressed in his direct appeal. See United States v. Mouzin, 785 F.2d 682 (9th Cir.), cert. denied sub nom. Carvajal v. United States, 479 U.S. 985 (1986). In Mouzin we held that where an attorney has previously been admitted to the bar, "[n]either suspension nor disbarment invites a per se rule that continued representation in an ongoing trial is constitutionally ineffective." Id. at 698.
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