In Re Gehring

THE COURT.

Petitioner seeks reinstatement as an attorney at law. He was disbarred by order of this court on November 1, 1932, made upon recommendation of the Board of Governors of The State Bar, approximately twenty-seven

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years after his admission to practice. No review of the board’s decision was sought at that time. The grounds for the disbarment were that petitioner admittedly commingled certain estate funds with funds of his own and converted a portion of the estate funds to his own use. The disbarment record also discloses two companion proceedings in which suspension was recommended on the ground that petitioner received attorney’s fees and costs in two separate divorce matters but failed to file suit or to return the money in either instance.

Petitioner, now approximately 68 years of age, practiced law in Alameda County, and has continued to reside there since he was disbarred. The State Bar Local Administrative Committee of that county, appointed by the Board of Governors to investigate, hear evidence, and make findings in connection with petitioner’s application for readmission, reported that by reason of his failure to include in his petition certain information required by rule 39 of the Rules of Procedure of The State Bar, they felt that petitioner had not acted in good faith in submitting the petition. Consequently they recommended against reinstating him. A minority report, with favorable recommendation, was also presented. After a further hearing before the Board of Governors, that body voted nine to four against recommending that petitioner be readmitted. Petitioner now seeks a review by this court and an order of readmission notwithstanding the adverse recommendation. The record, however, impels us to the conclusion that the position of the examining committee and the Board of Governors is well taken and that the petition for reinstatement should be denied.

Rule 39 of the Rules of Procedure of The State Bar requires that a petition for reinstatement shall contain, among other things, “ (3) ... (i) a statement, for the period of rehabilitation, showing dates, general nature and ultimate disposition of every matter involving the arrest or prosecution of petitioner for any crime, whether felony or misdemeanor ... ; (j) a statement stating whether or not any applications were made during said period for a license requiring proof of good character for its procurement . . . , and the disposition thereof.”