Barreling Ahead

The first paragraph of Jeffrey Clark’s reply in support of his motion to vacate hearing committee orders in his District of Columbia bar discipline matter

The Office of Disciplinary Counsel, in its attempt to barrel ahead with merits adjudication, despite the pendency of a good-faith (and strong) appeal to the D.C. Circuit of the federal-officer removal jurisdiction issue – and a potent stay motion (attached as Exhibit 1) – is grasping at straws.

Our most recent coverage is linked here.

The bar web page just posted Respondent’s Motion to Disregard ODC Affidavit As Legally Deficient And Thus Irrelevant, attacking the sufficiency of representations by the Office of Disciplinary Counsel concerning supposed non-compliance with 28 U.S.C. section 1447.

Respondent alleges

There has been a troubling pattern of ODC overzealousness against Mr. Clark.

Fair minds may well respectfully disagree and believe otherwise.

ODC argues that the provision is inapplicable, a good-faith (and strong) contention.

The Affidavit of Theodore (Jack) Metzler of the ODC that is the subject of the Motion is now posted.

Follow link to the pleadings here.

I fully understand why Respondent would not wish to adjudicate the merits of the allegations. (Mike Frisch)