172 F. 641 | 9th Cir. | 1909
(after stating the facts as above). It is assigned as error that a judgment of suspension was rendered upon a proceeding which was instituted for contempt. It is true that the information which was filed against the plaintiff in error contains the allegation that his conduct was contempt of court, but it contains a full statement of the facts of the case, and asks for a judgment appropriate thereto. The court below, properly we think, regarded the proceeding, not as one for contempt, but as one for suspension or disbarment for misconduct, which is made a ground therefor by Pol.Code' Alaska, § 743, which provides that an attorney may be removed or suspended, among other causes, “for being guilty of any willful deceit or misconduct in his profession.” Although the information did not in express terms demand a judgment of suspension or disbarment, the plaintiff in error was present
It is assigned as error that the court below overruled the motion of plaintiff in error to refer the case to three disinterested members of the bar under the provision of section 750 of the Alaskan Code. That provision is expressly confined to a case where the accusation is made upon the knowledge of the court or the judges thereof. In such a case the accused may controvert ■ the accusation, and thereupon the issues of fact must by the court be referred to at least three disinterested members of the bar, who shall report their findings of fact upon the issues, and the judgment of the court shall be entered accordingly. The present proceeding is instituted under section 744, which provides that the proceeding to remove an attorney shall be takén by the court “of its own motion for matters within its knowledge, or that of any of the judges thereof; otherwise it may be taken upon the information of another.” This proceeding was taken upon the information of another.
The only question requiring any extended discussion is that which is presented upon the assignment of error that the court rendered judgment upon the pleadings. The plaintiff in error admitted in his answer that he wrote the communication and sent the same to the publisher, but he denied that he did so willfully or maliciously, or that the article was willfully or maliciously or otherwise false or untrue, or that he 'had any intent to scandalize or traduce
In Ex parte Steinman and Hensel, 95 Pa. 220, 40 Am.Rep. 637, Mr. Justice Sharswood said: “No question can be made of the power of the court to strike a member of the bar from the roll for official misconduct in or out of court.”
A published communication reflecting upon the character or- integrity of the judge of the court is conduct unbecom
The judgment is affirmed.