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Frank J. Lawrence, Jr. v. United States District Court for the Western District of Michigan

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-1131 · judgment January 14, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 2% cert probability

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

Questions presented

Within a four month span, Petitioner filed applications for admission to the bars of eight federal courts, including the United States Court of Appeals for the Sixth Circuit. All of those applications were granted, with the exception of the one submitted to the United States District Court for the Western District of Michigan.

  1. Notwithstanding the Sixth Circuit’s use of the “abuse of discretion” standard to review the District Court’s adverse admission decision, does the decision of the Court of Appeals impermissibly conflict with its own, recent declaration that Petitioner is “duly qualified” to practice law in its own Court? Should Certiorari be granted in order to secure and maintain uniformity of admission decisions?

  2. Did the District Court use its unbridled discretion to impermissibly assess First Amendment activities of Petitioner, in particular, his criticism of public officials? Should Certiorari be granted in order to declare that constitutionally protected, expressive activities cannot be used as a basis to deny an application for admission to practice law?

Counsel of record

For petitioner
Dennis B. Dubuc
Essex Park Law Office, PC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
18A1173

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 21 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 15 2019
    Waiver of right of respondent United States District Court for the Western District of Michigan to respond filed.
  4. Jul 19 2019
    Petition for a writ of certiorari filed. (Response due August 23, 2019)
  5. May 14 2019
    Application (18A1173) granted by Justice Sotomayor extending the time to file until July 19, 2019.
  6. May 06 2019
    Application (18A1173) to extend the time to file a petition for a writ of certiorari from May 20, 2019 to July 19, 2019, submitted to Justice Sotomayor.