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Attorneys - Disbarment - Statute Of Limitations

Michigan Law Review

An attorney guilty of professional misconduct interposed as a defense the statute of limitations, which required that no proceeding to disbar or suspend an attorney be instituted except within two years after the commission of the offense or within one year after the discovery thereof. The court held the statute unconstitutional as an attempted projection of legislative power into the judicial department; the effect of the statute being to dictate to the court what evidence it might consider. In re Tracy, (Minn. 1936) 266 N. W. 88.