Hill v. State Bar of California

WASTE, C. J.

Petitioner seeks a review of a recommendation of the board of governors of The State Bar made to the Supreme Court that petitioner be suspended from the practice of the law for a period of three months.

Petitioner failed to pay his dues to The State Bar in 1937. On March 31st of that year a notice of delinquency was mailed to him at his office in Los Angeles. A copy of the sixty-day statutory notice (sec. 46, State Bar Act) was sent to him by registered mail. A final delinquent notice was also mailed to him in October of that year. By this he was informed that a certification of his delinquency had been made by the 'board of governors and would be forwarded to the Supreme Court. Such certificate having been received by the clerk’s office, the clerk of the Supreme Court mailed a notice to petitioner advising him that on December 15, 1937, the court would act upon the recommendation of the board of governors and that he would be suspended for failure to pay his dues unless prompt action was taken by him and payment of all fees and penalties was made at the main office of The State Bar on or before that date. Petitioner having ignored this notice, he was suspended by order of this court on December 15, 1937, and the period of suspension remained in effect until June 7, 1939, when he was reinstated by payment of dues and arrears.

On April 26, 1939, petitioner was directed to appear before local administrative committee No. thirteen of The State Bar for Los Angeles County, to show cause why he should not be disciplined for professional misconduct in having engaged in the practice of the law during the period of his suspension, in violation of section 6126 of the Business and Professions Code of the State of California (Stats. 1939, chap. 34), [formerly sec. 49 of the State Bar Act.] After a hearing at which petitioner appeared in his own behalf, the local administrative committee found that petitioner had practiced law following the date of his suspension and prior to his reinstatement, and submitted the matter to the board of gover

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nors without recommendation. At the hearing before the board of governors, petitioner was represented by counsel. That board after finding that petitioner had practiced law on two occasions specifically referred to, while he was under suspension, recommended to the Supreme Court that he be suspended from the practice of the law for a period of three months.