In re Dougherty

New York Court of Appeals
In re Dougherty, 7 N.Y.2d 965 (N.Y. 1960)
166 N.E.2d 192; 198 N.Y.S.2d 615; 1960 N.Y. LEXIS 1481

In re Dougherty

Opinion of the Court

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Appellant contended that use of his testimony in the disbarment proceeding which was exacted under a grant of immunity pursuant to subdivision (e) of section 18 of the Public Utility Holding Company Act (49 U. S. Stat. 832; U. S. Code, tit. 15, § 79r, subd. [e]) violated appellant’s rights under the statute and the Fifth Amendment. The Court of Appeals held that a disciplinary proceeding was not a penalty or forfeiture within the meaning of the statute and that such testimony was properly considered in imposing disbarment on appellant. [See 7 N Y 2d 869.]

Reference

Full Case Name
In the Matter of William A. Dougherty, an Attorney, Association of the Bar of the City of New York
Status
Published