Theard v. United States

Summary

Justice Frankfurter’s opinion held that state disbarment does not automatically require federal disbarment. Federal courts retain independent responsibility to determine whether reciprocal discipline accords with principles of right and justice. The District Court erred by apparently treating Louisiana’s disbarment as binding despite Theard’s conceded mental irresponsibility when he committed the misconduct eighteen years earlier. The Court remanded for reconsideration under Selling v. Radford and this opinion. Chief Justice Warren and Justice Black concurred in the result without separate opinions; Justice Whittaker did not participate.