In Re Reid

ANGELLOTTI, C. J.

Order to show cause as to the applicability of section 288 of the Code of Civil Procedure, in

[89]

the matter of disbarment, because of removal from office in a proceeding under section 758 et seq. of the Penal Code.

As the result of a proceeding initiated against J. S. Reid, district attorney of Trinity County, in the superior court of Trinity County, by an accusation presented by the grand jury under section 758 et seq. of the Penal Code, relating to the removal of public officers other than by impeachment, for alleged misconduct in office, judgment of removal from office was given. It may be conceded that the matters charged, if true, involved moral turpitude. Thereupon the clerk of such superior court transmitted to this court a certified copy of the judgment, apparently deeming this course necessary in view of section 288 of the Code of Civil Procedure, which requires such action by the clerk “in case of the conviction of an attorney or counselor of a felony or misdemeanor, involving moral turpitude.” Section 287 of the Code of Civil Procedure, specifying grounds of removal or suspension of attorneys, specifies in subdivision 1 as one of such grounds “his conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction shall be conclusive evidence,” and sections 289 and 299 of the Code of Civil Procedure substantially provide that in such cases, upon the receipt of the certified copy of the record showing the fact, this court must give judgment striking the name of the attorney from the roll. In all other cases, accusation, citation, hearing, etc., are essential prerequisites to disbarment. Entertaining serious doubt whether the summary procedure provided for cases where an attorney has been convicted of a felony or misdemeanor involving moral turpitude is applicable in the case of proceedings for removal from office under section 758 et seq. of the Penal Code, we made this order to show cause.

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Further consideration has brought us to the conclusion that this summary procedure should be held not applicable in such a case.

[2]

The proceeding under section 758 et seq. of'the Penal Code, while held to be in its nature a “criminal case” (see