Mo' Money, Mo' Problems: Should Appellate Courts have Non-Party Jurisdiction over Lawyers' Appeals from Non-Monetary Sanctions?

43 Pages Posted: 16 Oct 2008 Last revised: 8 Sep 2010

See all articles by David A. Simon

David A. Simon

University of Kansas School of Law; Hanken School of Economics; University of Cambridge, Faculty of Law ; Harvard Law School

Date Written: October 15, 2008

Abstract

Over the past two decades, the circuit courts have confronted the jurisdictional question of when a non-party attorney who has been reprimanded by a trial judge may properly appeal from the reprimand. The circuit courts have given three different answers to this question: the non-party attorney may properly appeal (1) only when monetary sanctions are imposed; (2) only when the reprimand is 'explicit and formal'; or (3) when the reprimand is in the 'nature of a sanction.' After categorizing, explaining, and analyzing these different approaches, this article proposes a functionalist, factor-based, theoretical model that courts can use to determine whether appellate jurisdiction is proper when the non-party attorney appeals from a judicial reprimand.

Keywords: reprimand, attorney, appeal, sanction, discipline, disciplinary, professional responsibility, disbar, circuit split

Suggested Citation

Simon, David A., Mo' Money, Mo' Problems: Should Appellate Courts have Non-Party Jurisdiction over Lawyers' Appeals from Non-Monetary Sanctions? (October 15, 2008). University of Cincinnati Law Review, Vol. 78, No. 1, p. 101, 2009. Available at SSRN: https://ssrn.com/abstract=1285369

David A. Simon (Contact Author)

University of Kansas School of Law ( email )

1535 W 15th Street
Room 504
Lawrence, KS 66045
United States

Hanken School of Economics ( email )

PB 287
Helsinki, Vaasa 65101
Finland

University of Cambridge, Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Harvard Law School ( email )

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