Jonesi v. State Bar

[182]

THE COURT.

By this proceeding, petitioner seeks a review of the action of the Board of Governors of The State Bar declining to recommend him for readmission to practice law.

Petitioner, who was admitted to practice in 1933, was charged with grand theft in October, 1938. He was convicted of the charge and on February 8, 1939, was placed on probation for five years on condition that he serve 90 days in the county jail, make restitution of the embezzled moneys and follow the instructions of the court and the probation officer. The court also orally imposed the further condition that petitioner resign from The State Bar. At this time, two disciplinary proceedings, relating to other matters, were also pending. These resulted in recommendations by a local administrative committee that petitioner be suspended for. one year and that he be disbarred, but no further action was taken. When he presented his resignation to The State Bar, he was informed that the Board of Governors would not recommend acceptance unless the resignation recited the pendency of the disciplinary proceedings and was with prejudice to readmission at a future time. Thereafter, for the purpose of complying with the trial court’s direction, he filed a resignation with prejudice. Upon recommendation of The State Bar, the resignation was accepted by an order which recited that petitioner’s right “to hereafter apply for readmission to the practice of law herein is hereby terminated.” On January 27, 1944, the trial court terminated the probation, set aside the verdict of guilty and dismissed the cause under section 1203.4 of the Penal Code.

Subsequently, The State Bar declined to entertain petitioner’s application for reinstatement “because of the terms of his resignation and of the action of the Supreme Court thereon.” Thereafter, The State Bar was directed by this court to consider and determine the application on the merits, and the hearings commenced on November 15, 1945. From the record it appears that, following his resignation, he did various odd jobs until about August, 1939, when he obtained employment at $100 a month with Romer, O’Connor & Co., a corporation doing business as a licensed and bonded collection agency and insurance adjuster. From time to time his wages were increased and his duties expanded until he became manager of the Los Angeles office. In this position, he “handled a great deal of money, a great deal of responsibility, and also