52 P. 570 | Or. | 1898
This is a proceeding to disbar art attorney, instituted upon the relation of the members of the grievance committee of the Oregon Bar Association. The information charges that 0. 0. Thompson, a licensed attorney, was indicted, tried and convicted of a felony, viz., the crime of larceny by bailee and thereupon sentenced to imprisonment in the-penitentiary, and prays that he may be required to-answer the accusation, and upon proof thereof that he be disbarred from practicing his profession in this, state. An order requiring the accused to answer the charges on or before a day therein stated was made by the court, and personally served upon him in Multnomah County by the sheriff thereof, who also delivered, to him a copy of the information, but, instead of answering the latter, he filed in this court before the day so appointed a. written resignation as an attorney.
Undoubtedly, section 1045, supra, was enacted in view of these rules, from which it would appear that, while an attorney may voluntarily resign his office, •and thus relinquish the rights conferred by his admission to the bar, and escape the disabilities incident thereto, Thompson’s resignation, not having been ■made with the consent or approval of this court, cannot have the effect of striking his name from the roll of attorneys, and, as long as his name remains thereon.
The statute authorizes the removal or suspension of an attorney upon his being convicted of any felony (HilPs Ann. Laws, § 1047), thus leaving the penalty, to some extent, to the discretion of the court: Ex parte Mason, 29 Or. 18 (54 Am. St. Rep. 772, 43 Pac. 651). The citizen is frequently compelled to intrust the management of some of his business to an attorney, who, as agent of his principal, has authority to act for and bind the latter; and, while the law clothes the agent with this measure of power, it requires of him the utmost good faith in the performance of the duty intrusted to him in consequence of the position he occupies as an officer of the courts. If an attorney be convicted of a felony, the nature of which is calculated to injure his reputation for the performance of duty which the law enjoins, the punishment should be removal; for, if the court permits such an attorney to-
Order op Disbarment.