DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091598P.pdf 07/09/2010 Vance Gillette v. ND Disciplinary Board Counsel
U.S. Court of Appeals Case No: 09-1598
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges]
Civil case - Attorney Discipline. District court did not err in abstaining
from enjoining an attorney disciplinary matter before the North Dakota
Supreme Court; the North Dakota Supreme Court's action does not
purport to regulate the attorney's conduct before the Three Affiliated
Tribes tribal court on the reservation and the fact that his alleged
misconduct may have taken place with respect to tribal court matters did
not preclude the North Dakota Supreme Court from conducting a
disciplinary proceedings; the prerequisites to Younger abstention are
present in the case - an ongoing state judicial proceeding that implicates
an important state interest and which affords an adequate opportunity to
raise federal statutory and constitutional challenges - and the court did not
err in abstaining.