He gave me permission to publish it, and I will today, as soon as I find a way to upload the file. The Blogger platform does not directly provide for it, and I am not that computer savvy, so, please, bear with me.
I will post the most important points of the appeal, issue by issue.
My husband raises the following important issues in his appeal (among others, there are many important issues that he raises):
- practice of law cannot be constitutionally regulated by the government when the government did not provide a clear definition as to what practice of law is;
- criminal prosecution for unauthorized practice of law (UPL) cannot constitutionally be done by the government when the government did not clearly define what the practice of law is, so that the public has a clear advance notice of prohibited conduct;
- case-by-case prosecutions for UPL where courts determine after the fact what conduct does or does not qualify as UPL are in violation of the Due Process/lack of notice, Bill of Attainder and Ex Post Facto Clauses of the U.S. Constitution;
- attorneys in New York are not given ANY judicial review of revocation of their law licenses (a due process right in one's livelihood) because:
- the nature of attorney disciplinary proceedings is administrative and not judicial, even if it is handled by a court as a license-issuing and license-revoking administrative body;
- all other proceedings to revoke occupational licenses in New York, other than law licenses, are administrative in nature;
- combination in the disciplinary court of legislative, prosecutorial and adjudicative functions, and lack of discovery and other procedural protections define attorney disciplinary proceedings as administrative in nature
- individuals in New York whose occupational licenses were revoked for administrative bodies, have a right to bring a court challenge of such a license revocation through an Article 78 against the licensing body from the trial-level court up through two levels of appeal. No judicial review of law license revocation is allowed, and that is an equal protection problem.