In an order published on Monday, the U.S. Supreme Court summarily dismissed former Honolulu attorney Gary Dubin’s last ditch attempt to forestall his disbarment.

The Hawaii Supreme Court issued an order of disbarment that became effective on November 9. As of that date, Dubin is no longer licensed to practice law in the state. In addition, most states have agreements requiring them to impose reciprocal discipline consistent with the originating state.

Dubin filed a petition for an emergency stay to block the state disbarment order from going into effect, and to block the federal courts from imposing reciprocal discipline. It was denied by Justice Elena Kagan, who handles such matters arising in the 9th Circuit. Dubin then resubmitted the appeal to Justice Clarence Thomas.

Thomas, rather than rejecting it immediately, Thomas passed it on to the full court to review in its regular consideration of similar petitions.

The rejection led the list of orders issued by the court on December 7.

On December 8, 2020, Dubin filed a status report with the 9th Circuit Court in which he notes the Supreme Court’s order, but goes on to say that he now intends to file a Petition for Writ of Certiorari, a request to the court allow him to file an appeal of his disbarment.

Although it is highly unlikely that the court will grant certiorari and hear his appeal, Dubin believes he can stall the inevitable. At this point, while he can no longer practice law in state courts, he argues that he can continue to practice in federal court after the 9th Circuit issued a stay in October pending the outcome of his application to the Supreme Court for an emergency stay (just denied for a second time) and his still pending attempt to appeal the disbarment order.

It takes five of the nine justices to approve an emergency stay.

It requires the support of four justices to allow an appeal to move forward. However, appeals of state disbarment orders are rarely heard by the Supreme Court, and despite Dubin’s protestations, his case is not a strong one.