Supreme Court Report

Supreme Court of the United States · Official docket →

Robert Philip Tuerk v. The Disciplinary Board of the Supreme Court of Pennsylvania

Paid petition · Supreme Court of Pennsylvania, Western District, No. 2424 DB No. 3 · judgment February 12, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the reciprocal upon reciprocal discipline of disbarment of an attorney by his home state that originally disciplined him for one (1) year and a day, which fails multiple elements of a singleelement fail constitutionality test that was set by this Honorable Court, is unconstitutional? Whether the reciprocal upon reciprocal discipline of disbarment of an attorney by his home state that originally disciplined him for one (1) year and a day, whereby the reciprocal discipline of the foreign jurisdiction was unjust, excessive, disproportionate, assessed with infirm facts, a lack of procedural and substantive due process, a lack of equal protection of the law, which violates the Cruel and Unusual Punishment, Equal Protection, and Due Process Clauses, is unconstitutional? Whether there is an unconstitutional prior restraint upon the constitutional right of Freedom to Travel between the states when reciprocal upon reciprocal discipline of disbarment of an attorney by his home state that had originally disciplined him for one (1) year and a day is unfairly instituted without proper due process?

Counsel of record

For petitioner
Robert P. Tuerk

For respondent
Harriet R. Brumberg
Office of Disciplinary Counsel, PA

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 19 2018
    Rehearing DENIED.
  2. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  3. Oct 24 2018
    Petition for Rehearing filed.
  4. Oct 01 2018
    Petition DENIED.
  5. Aug 29 2018
    DISTRIBUTED for Conference of 9/24/2018.
  6. Aug 17 2018
    Waiver of right of respondent Disciplinary Board of the Supreme Court of Pennsylvania to respond filed.
  7. Jul 17 2018
    Petition for a writ of certiorari filed. (Response due August 22, 2018)