Baird v. Justice's Court of Riverside Township

ALLEN, P. J.

This is a proceeding wherein the court, below gave judgment annulling the following order made- and entered by appellant justice in an action pending in said justice’s court wherein petitioner was defendant: “It is or-, dered that Police Judge George A. French be disbarred from practicing law in the Justice Court of Riverside Township, so long as he shall remain Police Judge of said city, and his name is hereby stricken from the files in this case.” The-application for the writ was made by the defendant to the-action in which the order was made, the attorney, French, not being a party thereto. It is conceded, however, that. French was at all times mentioned in the proceedings a practicing attorney, having been duly admitted to practice in all.

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the courts of the state, and had been retained by petitioner and had appeared in said action in petitioner’s behalf.

Counsel for the respective parties have discussed at length in very interesting and instructive briefs the effect which should be given section 171, Code of Civil Procedure, which in terms prohibits a justice of the peace from practicing law before another justice of the peace of the same county; respondent’s contention being that the section is not applicable to a police judge appointed in a city, even though his jurisdiction within such city is concurrent with that of the justice of the peace, while appellant contends that under the charter of the city of Riverside a police judge is a justice of the peace when performing the functions of that office; that the character of a court is determined, not by its name, but by the nature of its jurisdiction and functions; that in the enactment of section 171 the legislature intended to prohibit those performing the functions of a justice of the peace from engaging in such practice of law. In view of the conclusions hereinafter expressed, we do not consider it necessary to discuss or determine the above-mentioned controversy.

Section 287, Code of Civil Procedure, designates the courts having power to remove or suspend attorneys, and the causes for which such removal or suspension may be made. A justice of the peace is not a court which, under that section, has power to remove or suspend an attorney, and the practicing of law by one occupying a judicial position is not one of the causes for removal or suspension. If, as a matter of fact, French violated the law by thus engaging in the practice of his profession before a justice of the peace, when at the same time he was occupying a judicial position, his offense is that of a judicial officer and not that of an attorney