×
You have 2 more free articles available this month. Subscribe today.
Involuntary Appointment of Lawyers to do Arbitration Upheld
An Arizona statute and rules of procedure resulting in attorneys' being assigned involuntarily to conduct arbitrations for no more than two days a year, for which they are paid $75 a day, with no reimbursement for expenses, is not an unconstitutional taking of property. Practicing law is a privilege granted by the state which can be conditioned on accepting other responsibilities in the furtherance of the administration of justice. The court does not mention what implications this might have for the representation of indigents in civil cases. See: Scheele v. Justices of Supreme Court of State of Arizona, 257 F.3d 1082 (9th Cir. 2001).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Scheele v. Justices of Supreme Court of State of A
| Year | 2001 |
|---|---|
| Cite | 257 F.3d 1082 (9th Cir. 2001) |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
Scheehle v. Justices of the Supreme Court of the State of Arizona, 257 F.3d 1082 (9th Cir. 07/26/2001)
[1] U.S. Court of Appeals, Ninth Circuit
[2] No. 00-15457
[3] 257 F.3d 1082
[4] July 26, 2001
[5] Opinion withdrawn October 29, 2001.
[6] MARK V. SCHEEHLE, PLAINTIFF-APPELLANT,
v.
JUSTICES OF THE SUPREME COURT OF THE STATE OF ARIZONA STANLEY G. FELDMAN, CHARLES E. JONES, FREDERICK J. MARTONE, RUTH A. MCGREGOR, AND THOMAS A. ZLAKET; JUDGES OF THE SUPERIOR COURT OF THE STATE OF ARIZONA,IN AND FOR THE COUNTY OF MARICOPA: MICHAEL R. MCVEY, ROBERT D. MYERS, JONATHAN H. SCHWARTZ, AND CHRISTOPHER M. SKELLY, DEFENDANTS-APPELLEES.
[7] Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding D.C. No. CV-98-01095-SMM
[8] Counsel Mark V. Scheehle (argued) and Dorothy L. Scheehle, Scheehle Law Firm, P.L.C., Fountain Hills, Arizona, pro se. Scott Bales (argued), Solicitor General, State of Arizona, Phoenix, Arizona, for the defendants-appellees.
[9] Before: Harry Pregerson, Warren J. Ferguson, and Michael Daly Hawkins, Circuit Judges.
[10] The opinion of the court was delivered by: Hawkins, Circuit Judge
[1] U.S. Court of Appeals, Ninth Circuit
[2] No. 00-15457
[3] 257 F.3d 1082
[4] July 26, 2001
[5] Opinion withdrawn October 29, 2001.
[6] MARK V. SCHEEHLE, PLAINTIFF-APPELLANT,
v.
JUSTICES OF THE SUPREME COURT OF THE STATE OF ARIZONA STANLEY G. FELDMAN, CHARLES E. JONES, FREDERICK J. MARTONE, RUTH A. MCGREGOR, AND THOMAS A. ZLAKET; JUDGES OF THE SUPERIOR COURT OF THE STATE OF ARIZONA,IN AND FOR THE COUNTY OF MARICOPA: MICHAEL R. MCVEY, ROBERT D. MYERS, JONATHAN H. SCHWARTZ, AND CHRISTOPHER M. SKELLY, DEFENDANTS-APPELLEES.
[7] Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding D.C. No. CV-98-01095-SMM
[8] Counsel Mark V. Scheehle (argued) and Dorothy L. Scheehle, Scheehle Law Firm, P.L.C., Fountain Hills, Arizona, pro se. Scott Bales (argued), Solicitor General, State of Arizona, Phoenix, Arizona, for the defendants-appellees.
[9] Before: Harry Pregerson, Warren J. Ferguson, and Michael Daly Hawkins, Circuit Judges.
[10] The opinion of the court was delivered by: Hawkins, Circuit Judge