Glover v. the State Bar

WASTE, C. J.

Three charges of professional misconduct involving moral turpitude were filed with the respondent State Bar against the petitioner, an attorney at law. At the conclusion of its hearings, only one of which petitioner attended in person, the local administrative committee filed its report with the board of governors wherein it recommended that petitioner be disbarred from the practice of the law. The board, in turn, held a hearing and has similarly recommended disbarment of the petitioner.

In his petition to review such recommendation, the petitioner merely complains of the refusal of the board of governors to grant a continuance when the matter was before

[231]

that body. When this was pointed out in the brief of The State Bar and reference made to the fact that “petitioner does not question the sufficiency of the evidence to sustain the findings of fact adopted by the board”, petitioner in his reply brief stated that he ‘ ‘ does earnestly and seriously question the sufficiency of the alleged evidence . . . ”. However, he has since made no effort to point out any deficiency in the evidence or findings, satisfying himself with the statement that he “does not desire to occupy the time of this . . . court in discussing the alleged evidence, until such time as the record is sufficient and complete and all material facts bearing on the charges are before this court”. The refusal to grant the requested continuance before the board of governors underlies this statement.

An examination of the entire record convinces us that petitioner had ample opportunity to develop “all material facts bearing on the charges”. Three hearings were held before the local administrative committee at which the several charges against petitioner were fully developed. Though personally served, petitioner failed to file an answer to the charges against him and he found it convenient to attend but one of the three hearings in person. At the first and third hearing he was represented by an office associate who, by reason of petitioner’s attitude in the matter, was not entirely clear as to his authority or status in the proceeding. At the conclusion of the second hearing, which petitioner attended in person, he stated that he had no further evidence which he desired to produce in the so-called “Rust matter”. His office associate appeared at the third and final hearing and stated that petitioner declared it to be immaterial to him whether the hearing was held or continued. It was held on May 3, 1938, and at the conclusion thereof, petitioner’s representative was informed that the committee would hold the whole matter open for a week “with the understanding that [petitioner] may have an opportunity to come in and offer any evidence he may have”. One week later, or on May 10th, the matter was submitted after petitioner’s associate had indicated that petitioner did not desire to offer any further evidence and would not again appear without subpoena. Under date of July 22, 1938, petitioner was informed by letter of the report of the committee, a copy of which was enclosed. He was also informed of his right