Griffith v. State Bar

THE COURT.

This is a proceeding to review an order of the Board of Governors of The State Bar recommending' that the petitioner be suspended from the practice of the law in this state for a period of three years. The board adopted, with minor amendments, the findings of the local administrative committee, but rejected the committee’s recommendation of disbarment. Petitioner challenges the sufficiency of the evidence to support the findings or to show acts warranting discipline, complains of the admission in evidence of his former disciplinary record, and contends that the violations of which he has been found guilty exceed those charged.

Petitioner was charged, in connection with his representation in the federal court of one Leon Russell, with the commission of acts involving moral turpitude and dishonesty, with violation of his oath and duties as an attorney, and with commingling with his own funds and expending for his personal uses the sum of $500 paid to him for the purpose of purchasing a cash bail bond for his client.

Petitioner was admitted to practice in this state in Novem

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her, 1932. Although prior complaints have been lodged against him he has not heretofore been subjected to discipline.

In August, 1943, Leon Bussell was arrested for illegal possession of “gas” coupons. On recommendation of his pastor he consulted petitioner. Petitioner represented him on the preliminary hearing. The charges were dismissed for lack of supporting evidence and he paid petitioner a fee of $150. A few days later one James Carter was arrested and Leon Bussell paid to the petitioner a fee of $250 for representing Carter. In November, 1943, Bussell was again arrested on a similar charge, and his wife arranged through the pastor to have the petitioner visit him in jail. A fee of $500 for defense was agreed upon and the cause came on for trial on November 30th. Prior to that date Bussell paid to the petitioner $450 of the agreed $500. The trial was commenced and completed in the afternoon of November 30th. Bussell was convicted and sent to the county jail.

On December 23, 1943, the petitioner telephoned Mrs. Bussell and told her that her husband's bail had been set, and that the bond would cost $500. Anticipating this requirement Mrs. Bussell had borrowed $500 from a Mrs. Tate. She immediately took the sum in cash to petitioner’s office. She told him that “it was strictly bail bond money, that it had no connection with fees.” Petitioner agreed, assuring her that he would have Bussell out of jail that night, and he gave her a written receipt for $500 bearing the notation “Bail Bond.” No bond was ever purchased and Bussell was not released. In January, 1944, while he was still in the county jail he told the petitioner in the presence of Mrs. Bussell that he had changed his mind about an appeal bond and he instructed the petitioner to return the $500. Petitioner promised to do so, but failed to perform.