No. 24-614

Michael Prete v. Rhode Island

Lower Court: Rhode Island
Docketed: 2024-12-04
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: attorney-rights due-process equal-protection first-amendment judicial-discipline professional-conduct
Key Terms:
ERISA DueProcess FirstAmendment
Latest Conference: 2025-02-28 (distributed 2 times)
Question Presented (AI Summary)

Did the Rhode Island Supreme Court violate the First Amendment, Due Process, and Equal Protection rights of an attorney by disciplining and stripping him of his law license for allegedly protected speech and challenging judicial corruption?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW ‘Is it a violation of the First Amendment for an attorney to be disciplined (let alone stripped of his law license) for Constitutionally Protected speech made in compliance with Professional Conduct, his attorney oath, etc.? Is it a violation of the First Amendment for an attorney to be disciplined (let alone stripped of his law license) for pointing out examples (supported by prima facie evidence) of corruption, etc. by members of the R.I. Judiciary (including by justices of the R.I. Supreme Court (the entity who sua sponte stripped the attorney of his law license)) (as ADMITTED by all five justices of the R.I. Supreme Court)? Is it a violation of Due Process and Equal Protection for an attorney to be disciplined (let alone stripped of his law license) for not attending a hearing which the attorney, per the R.I. Supreme Court's own practice and rules specifically indicate, is not required to ; attend (the attorney may rest on his filing(s))? Did the R.I. Supreme Court's actions deprive Petitioner of his right (as guaranteed by the disciplinary rules, etc.) to a form of appellate review? Did the R.I. Supreme Court violate Petitioner's First Amendment rights by retaliating against Petitioner's exercise of Constitutionally Protected Free Speech? Page i of xiv Did the R.I. Supreme Court violate Petitioner's Due Process rights when the R.J. Supreme Court did not act fairly/impartially, intentionally did not comply with the rules of disciplinary procedure (including, but not limited to, initiation, review, notices, opportunity, etc.), summarily stripped Petitioner of his law license while effectively admitting Petitioner committed no violations (rule or otherwise), deprived Petitioner of his right (as guaranteed by the disciplinary rules, etc.) to a form of appellate review, ; etc.? Did the R.I. Supreme Court violate Petitioner's Equal Protection rights when the R.I. Supreme Court did not act fairly/impartially, intentionally did not comply with the rules of disciplinary procedure, expressly admitted to retaliating against Petitioner, stripped Petitioner of his law license while effectively admitting Petitioner committed no violations (rule or otherwise), deprived Petitioner of his right (as guaranteed by the disciplinary rules, etc.) to a form of appellate review, etc.? Did the R.I. Supreme Court violate Petitioner's Fourth Amendment right against seizure of property when the R.I. Supreme Court, without basis, stripped Petitioner of his law license (effectively seized Petitioner's property right)? Did the R.I. Supreme Court violate Petitioner's Fourth Amendment right against searches when the Page ii of xiv R.I. Supreme Court, without basis, ordered Petitioner be investigated, etc.? Did the R.I. Supreme Court violate Petitioner's rights against Cruel/Unusual Punishment when, among other things, the court leveled the most severe discipline (effective disbarment) without Petitioner having committed any violation, etc.? _ Page iii of xiv

Docket Entries

2025-03-03
Rehearing DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-07
2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-10
Waiver of right of respondent Rhode Island to respond filed.
2024-11-25
2024-09-16
Application (24A260) granted by Justice Jackson extending the time to file until November 25, 2024.
2024-09-09
Application (24A260) to extend the time to file a petition for a writ of certiorari from September 25, 2024 to November 24, 2024, submitted to Justice Jackson.

Attorneys

Michael Prete
Michael Prete — Petitioner
Michael Prete — Petitioner
Rhode Island
Katherine Connolly SadeckRhode Island Department of Attorney General, Respondent
Katherine Connolly SadeckRhode Island Department of Attorney General, Respondent