Hogan v. State Bar

THE COURT.

This is a proceeding to review the recommendation of the Board of Governors of The State Bar that the petitioner be suspended from the practice of the law for a period of three months.

In a notice to show cause issued by the local administrative committee for the county of Los Angeles the petitioner was charged with violation of his oath and duties as an attorney. (Sections 6067, 6068 and 6106 of The State Bar Act.) The disciplinary proceeding was initiated because of the petitioner’s statements in an “amended motion” for a new trial in a pending action and in a letter sent to the Los Angeles office of The State Bar. It was charged that on or about February 7, 1950, in the new trial proceedings he did not maintain the respect due to courts of justice and judicial officers, but engaged in offensive personality by referring in a disparaging way to the judge presiding in the case, charging him with being a petty judge, with acting as a prosecutor and attorney for the plaintiff in the case, and with being prejudiced against certain witnesses because of their religion. It was also charged that on or about March 14, 1950, in connection with the preliminary disciplinary hearing the petitioner sent to The State Bar a letter entitled “Open Letter to the Right Honorable Harry R. Simon, Recorder of Bell and Notary Public:” in which he engaged in a further disrespectful attack upon the same judge.

The petitioner filed an answer to the notice to show cause in which in the main he objected to the sufficiency of the charges. He later unsuccessfully moved to dismiss the charges upon the basis of his own affidavit explaining his conduct. The local administrative committee held hearings for three days, after which findings of fact, conclusions, and a recommendation were filed with the board. The committee found that the charges made against the judge by the petitioner were .false, and that the unrestrained and defamatory nature of the “open letter” was a reflection upon the court and a conscious and intentional effort by the petitioner to defame

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and malign the court and the judicial office of the judge. It was concluded that the petitioner indulged in offensive personality within the meaning of section 6068 (f) and violated his oath and duties as an attorney within the meaning of section 6103. The committee also concluded that the petitioner’s conduct amounted to moral turpitude and dishonesty within the meaning of section 6106. The recommendation was for suspension from practice for one year.