|
''In re Snyder'', , was a United States Supreme Court case in which the Court held that an attorney's curt letter to a court employee, followed by the attorney's refusal to apologize for sending the letter, did not justify suspending the attorney from practicing law in federal court. ==Background and facts== Robert J. Snyder was an attorney in Bismarck, North Dakota. His practice included serving as a criminal defense lawyer for indigent defendants in federal cases, with his compensation provided by government funds under the Criminal Justice Act (CJA). In 1983, Snyder submitted an application for CJA compensation for a case he had handled before Judge Bruce Van Sickle in the District Court. Because the request exceeded $1,000, it was subject to review by the Chief Judge of the Eighth Circuit Court of Appeals, Donald P. Lay. Judge Lay's secretary returned Snyder's application, advising Snyder that his documentation was insufficient. Snyder discussed the situation with Judge Van Sickle's secretary, who suggested that Snyder write her a letter expressing his views. Snyder wrote to Judge Van Sickle's secretary as she had suggested. In this letter, Snyder complained that the compensation provided under the CJA was inadequate, and protested that "()ow, however, not only are we paid an amount of money which does not even cover our overhead, but we have to go through extreme gymnastics even to receive the puny amounts which the federal courts authorize for this work." He said that he would not provide any additional paperwork to support his compensation request, and that "()ou can take it or leave it." Snyder closed his letter by stating: "Further, I am extremely disgusted by the treatment of us by the Eighth Circuit in this case, and you are instructed to remove my name from the list of attorneys who will accept criminal indigent defense work. I have simply had it. Thank you for your time and attention." District Judge Van Sickle viewed Snyder's letter as seeking changes in the court system's procedures for awarding fees under the CJA, and forwarded it to Chief Judge Lay. Lay, however, opined that Snyder's letter was "totally disrespectful to the federal courts and to the judicial system. It demonstrates a total lack of respect for the legal process and the courts." Lay expressed displeasure about Snyder's failure to follow the procedures for fee requests, and opined that this cast doubt on whether Snyder should be allowed to continue practicing law in federal court. Judge Van Sickle responded that Snyder viewed the letter "an expression of an honest opinion, and an exercise of his right of freedom of speech." The judge himself described it as "a youthful and exuberant expression of annoyance which has now risen to the level of a cause." Snyder declined to apologize for the letter, although he "assured (Van Sickle ) he did not intend the letter as (Lay ) interpreted it." 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「In re Snyder」の詳細全文を読む スポンサード リンク
|