Friday, August 12, 2022

Suspension Of Attorney Did Not Violate Her Free Exercise Rights

In In re Kelly, (DE Sup. Ct., Aug. 10, 2022), the Delaware Supreme Court accepted the report of its Board on Professional Responsibility and involuntarily transferred a state bar member to disability inactive status. The attorney's incoherent court filings, many containing religious references, led to the proceedings to move respondent to inactive status.  Respondent claimed, among other things, that the proceedings violated her free exercise rights. The court said in part:

It is the unfocused, irrelevant, and incoherent nature of many of Kelly’s submissions that led to this proceeding, not her religious or political beliefs as she contends. Kelly’s references to her religious and political views throughout her submissions do not shield her from scrutiny concerning her competency to practice law.