In Re Gaffney
Before: Carter
CARTER, J.
Petitioner has applied for readmission to practice law in this state after his disbarment by this court
(Gaffney
v.
State Bar,
20 Cal.2d 735 [128 P.2d 516]).
The application for reinstatement is based upon the ground that petitioner has rehabilitated himself and now possesses the moral qualifications and mental attainments necessary to entitle him to be restored as a member of the bar; and also upon the ground that although the Board of Governors of The State Bar, by a divided vote, failed to make a recommendation for readmission, nevertheless the local committee to which the matter has previously been referred, made favorable findings which are fully supported by the evidence, and unanimously recommended petitioner’s reinstatement. This court has inherent power and authority to reinstate an applicant previously disbarred despite an unfavorable report upon his application by the Board of Governors; the recommendation of that body is advisory only; the final determination rests with this court, and its powers in this respect are plenary, and its judgment conclusive
(In re Lacey,
11 Cal.2d 699, 701 [81 P.2d 935], and cases cited).
A review of the record has convinced us of the fairness and accuracy of the committee’s findings. They state in substance the following: Petitioner, now a man of 60 years of age, was disbarred in the fall of 1942. He immediately ceased the practice of law and has not at any time resumed it. From October, 1942, to April, 1943, he worked as a principal clerk in the shipyards. Because of congested living conditions and lack of proper eating facilities, petitioner then returned to his home at Sacramento where he worked for about two months as an office clerk. He was thereafter employed by the Army Air Force as a counselor, that is, a grievance man acting for employer and employee. Petitioner’s income from these activities averaged a little short of $200 a month. In April, 1943, he lost the home which he had built, and with his wife and daughter was obliged to rent an apartment in Sacramento. His entire income has been required to meet the living expenses of his wife and himself. He has not been able to make
[763]
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