Bennett v. State Bar

THE COURT. The petitioner seeks a review of the recommendation of the Board of Governors of The State Bar that in one matter he be publicly reprimanded and in another that he be suspended from the practice of the law in this state for the period of one year.

The petitioner was admitted to the bar in this state in June, 1919, and has engaged in practice in the county of San Diego. In February, 1943, he was charged in three counts with the commission of acts involving moral turpitude (State Bar Act, § 6106) and the violation of the rule prohibiting commingling of clients’ money with personal funds (Rules of Professional Conduct, rule 9). Hearings before the local administrative committee resulted in a recommendation to the Board of Governors that the petitioner be disbarred. On modified findings the Board of Governors originally recommended to this court the disbarment of the petitioner. Thereafter the court on its own motion remanded the proceedings to the Board of Governors for the taking of additional evidence with reference to the matters involved in the first two counts. After further hearings the Board of Governors adopted new findings on all three counts, recommending a public reprimand as to counts one and two, and a one-year suspension as to count three. The several matters will be reviewed in the light of the final findings and recommendations presented by the board.

Counts One and Two, as to Gabbeb and Ryan

These counts are based on the petitioner’s applications to Municipal Judge John J. Brennan to modify the sentences imposed on Francis G. Garber and John Jerome Ryan and to discharge them.

[33]Garber and Ryan, both serving with the United States Navy, were arrested on July 11, 1942, in the city of San Diego and were charged with being lewd and dissolute persons in violation of Penal Code, section 647.5. Unrepresented by counsel, they were arraigned before Judge Brennan and on advice of police officers pleaded guilty. Each received a straight sentence of 120 days in the county jail. While they were confined a mutual acquaintance of Ryan and the petitioner sought the latter's services in obtaining their release. The petitioner learned that the commitment was under sentence imposed by Judge Brennan. Judge Brennan and the petitioner had occupied the same suite of offices for a number of years, although they were not partners. Petitioner told the friend of Ryan of his personal acquaintance with the judge and the fact of his former association, but with no suggestion that he could bring any influence to bear on the matters except as warranted by the facts. The petitioner agreed to accept a fee of $200 from each man. He received $200 from Ryan. Garber paid $25 which he borrowed for the purpose, and gave a note for $175 for the balance.