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COHEN v. HURLEY

No. 84.

366 U.S. 117 (1961)

COHEN v. HURLEY.

Supreme Court of United States.

Decided April 24, 1961.

Attorney(s) appearing for the Case

Theodore Kiendl argued the cause and filed a brief for petitioner.

Denis M. Hurley, respondent, argued the cause pro se. With him on the brief were Michael A. Castaldi, Michael Caputo and James F. Niehoff.

Briefs of amici curiae, urging affirmance, were filed by Henry Weiner for the Co-ordinating Committee on Discipline of the Association of the Bar of the City of New York et al., and by Robert P. Hobson for the Standing Committee on Professional Grievances of the American Bar Association.

Briefs of amici curiae, urging reversal, were filed by Leonard B. Boudin for the New York State Association of Plaintiffs' Trial Lawyers; Emanuel Redfield for the New York Civil Liberties Union; and David Scribner and Herman B. Gerringer for the National Lawyers Guild.

MR. JUSTICE HARLAN delivered the opinion of the Court.

We are called upon to decide whether the State of New York may, consistently with the Fourteenth Amendment, disbar an attorney who, relying on his state privilege against self-incrimination, has refused to answer material questions of a duly authorized investigating authority relating to alleged professional misconduct.1

The issue...

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