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While professional discipline might flow from violating criminal statutes directed at the citizenry as a whole, what happens if the legislature or an executive agency
While professional discipline might flow from violating criminal statutes directed at the citizenry as a whole, what happens if the legislature or an executive agency attempts to regulate attorneys specifically? It is generally accepted that state courts have the inherent authority to regulate the practice of law even without any legislative or express constitutional authorization. Some courts go further to suggest that they have the exclusive authority to regulate attorneys. Consider the following problem: The state legislature has passed a law providing that "professional licenses" may be revoked for failure to pay child support. Attorney Dolores Deadbeat is six months delinquent in her child support and the state has brought an action in state trial court to revoke her license to practice law. How might the state court react? A. Invalidate the statute as a violation of separation of powers and let Dolores continue to practice. B. Read the statute as simply codifying judicial practice and disbar Dolores. C. Consider the statute as consistent with the police power of the legislature to enact minimum standards for practice and disbar Dolores
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