Summary

Portrait of Roger B. Taney Roger B. Taney Ex parte in the Matter of Secombe…

And it has been well settled, by the rules and practice of common-law courts, that it rests exclusively with the court to determine who is qualified to become one of its officers, as an attorney and counsellor, and for what cause he ought to be removed. The power, however, is not an arbitrary and despotic one, to be exercised at the pleasure of the court, or from passion, prejudice, or personal hostility
Source: Wikisource

Portrait of Roger B. Taney Roger B. Taney Ex parte in the Matter of Secombe…

The statute, it will be observed, does not attempt to specify the acts which shall be deemed disrespectful to the court or the judicial officers. It must therefore rest with the court to determine what acts amount to a violation of this provision; and this is a judicial power vested in the court by the Legislature. The removal of the relator, therefore, for the cause above mentioned, was the act of a court done in the exercise of a judicial discretion which the law authorized and required it to exercise. And the other cause assigned for the removal stands on the same ground.
Source: Wikisource

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