*1 Ray C. Matter PRESTON. No. 4889.
Supreme Court of Alaska.
Aug. *2 by thе Attor employed se, W. Preston was Preston, James pro Ray C. Except McGowan, Juneau, respondent. in Juneau. ney office General’s during in 1974 months about six a Counsel, Garrison, An- Bar W. William As Administrative which he worked Bar Association. Alaska chorage, for Preston Egan, to then-Governor sistant J., RABINOWITZ, and CON- C. Before office Attorney General’s for the worked *, MAT NOR, BURKE and BOOCHEVER suspended was until he August 1971 from THEWS, JJ. of the criminal as a result May Preston In herein discussed OPINION counts of jury on three by grand indicted a RABINOWITZ, Justice. Chief that on charged I Count drug violations. a thir marijuana to matter disciplinary given a 28 he had appeal April involves This 17- determining the in violation AS which we are faced teen-year old action disciplinary April and extent of charged nature II that on Count 12.010.1 Preston Ray Preston. taken cocaine same minor given had which, under felony, a convicted of count, The final 17.10.010. of AS is included Bar Rule had, April III, on charged that count thus calls crime” and of “serious definition agent approximate given to an undercover of bar automatic commencement violation of AS grams .03 of cocaine ly was con- disciplinary proceedings. 19, 1979, Preston March On 17.10.010. contendere plea victed on his of nolo to nolo con- guilty changed plea his to another. distributing cocaine offense of was done III. This as to count tenderе court, suspend- hearing, after which the agreement pursuant placed Pre- ed of sentence two counts of remaining state dismissed The Area years. for two probation ston on mentioned, previously As the indictment. that Pre- recommended Hearing Committee suspended superior court sentencing the months. There- suspended for six ston be years and two sentence for imposition of the Alaska after, Disciplinary Board of period. for that probation on placed Preston that Preston recommended Bar Association probation condi the usual addition law for suspended from possess tions, Preston was ordered us to The case is now before years. except under doc substances any controlled whether Preston’s determine $5,000 or a fine of pay and to tor’s orders so, and, the extent to discipline, if warrants community service. 500 hours of complete have determined such prac- suspended from Preston should be order, 5, 1979, we issued On law for two tice of immediately II-23(a),2 pursuant to Bar from the suspending Preston fol- underlying facts are as The relevant felony,3 “pending a conviction of law school in law for from graduation lows. After defined, imme- enter an order the Court shall deci- to the court for *This case was submitted diately suspending whether resignation. prior Justice Boochever’s sion plea guilty or a conviction resulted nolo contendere or of an disciplinary proceeding 1. AS 17.12.010 trial verdict after or from a chap- otherwise, pendency provided regardless Except in this as otherwise disposition ter, person a appeal, pending a to manufac- final it is unlawful for counterfeit, ture, possess, compound, have to be commenced administer, control, sell, prescribe, conviction. under barter, dispense, give, any supply or distribute II-23(b) provides: 3. Alaska R. manner, hallucinogenic depressant, include crime’ shall The term ‘serious drug. stimulant felony in the would be crime which is or II-23(a) provides: Alaska, except of Alaska 2. Alaska Bar R. violations State of motor ve- violations of Title 28 and filing Statutes Upon of a certifi- with the Court govern- or local states include hicle laws of other ments, demonstrating bеen that an cate convicted of lesser crime and shall also as hereinafter a serious crime proceeding disposition final formed basis for a recommendation to be commenced such conviction.”4 this court to pen- more substantial alty the conviction is conclusive evidence than was recommended the Hearing Since crime,5 Committee. The relevant commission follows; sole was make аs to the extent of disci- recommendation As an respondent officer of the *3 imposed.6 After pline to be testi- is charged with to the obedience law. mony all the reviewing law, and evidence sub- When to the practice admitted of he mitted, Hearing the Area Committee issued uphold swore to the law. a
findings fact recommendation of of and a Conviction of serious crime is conduct suspension.7 six months’ adversely respоndent’s affects fit- to practice ness law. The Hearing Committee’s findings The Respondent’s of the law were recommendations then filed with fidelity manifests his want of sys- to the the Disciplinary Board. The parties “stipu- government. tem of lawful the Disciplinary lated that Board could hear Respondent’s expedited engen- on activity matter an felonious basis without disrespect ders argument activity further oral the law if such briefing.” or go is to without its sanсtion. findings made own of fact which deviated somewhat Respondent’s those . Hearing duct, Committee. findings employing dishonesty, conscious de- necessary which, 1-102(A)(6) of element as determined lation of DR of Pro- Code by statutory or common law of Responsibility, definition fessional which states that: crime, such an (A) involves conduct as lawyer A shall not: jus- with interference the administration of tice, fraud, swearing, misrepresentation, false (6) any Engage in other conduct that ad- deceit, bribery, corruption, . . extor- versely reflects on his to fitness law. tion, misappropriation, theft, attempt or Respondent-attorney, as an officer of the conspiracy or a or of solicitation another to charged with obedience to the law. commit ‘serious crime.’ position responsibility He assumes a itself, law, uphold any 2; law 23(a), and to supra 4. Alaska Bar R. note see аlso II— disregard by of the law R. him is more II-15. II— grave by layman than that who breaks the II-23(c) provides: 5. Alaska Bar R. law. attorney A certificate of a conviction of an Respondent’s mani- breach the law any crime conclusive evidence fidelity system fests his want of to any discipli- the commission of that crime in government. lawful nary proceeding instituted him based Respondent’s activity may felonious well upon the conviction. engender disrespect public if from the such activity go were to sanction. without types 6. The available this court by Respondent Conviction a serious to administer are forth set in Alaska Bar R. crime, namely felony, said adversely his fitness to grounds Misconduct shall be for: practice law. (a) Court; by Disbarment Respondent, prior to the institution of (b) Suspension by the Court for not herein, charge properly per- the criminal exceeding (c) years; five attorney. formed his duties as an Since the Court; by Public censure charges, institution of criminal he was dis- (d) reprimand by Private charged from his Board; or State has finan- of Alaska. suffered He (e) by Private informal admonition Ad- [the prior loss to and cial since his on ministrator.] 1979. He sorrow for his ac- admits Among by the relevant of fact made felony, invoking although said tions following: the Area philosophical disagreement with that petition charges The formal thаt the com- agrees obligation He has an mission of the cotic herein, crime distribution of a nar- trust, disagrees of premise with the drug Finding as referred to in 4No. obey attorney’s duty that an to engaging constitutes in conduct that uphold any higher it is than adversely Respondent’s affects fitness other citizen. law, and that said conduct is in vio- greater gesting if it that his professional
serves condemnation than skill abili- obligated ty represent were committed one clients was not affected high adhere standards honor use his and distribution cocaine. Preston State, 580 P.2d integrity.’ Webb also to the observations made in adverts (Alaska 1978). Erickson, (Alaska State v. 1978), present state of scientific as- Respondent’s testimony repeatedly suggest does obey knowledge cocaine serts that as a greater dangerous light more than alcohol. uphold the law is no than foregoing, Preston concluded that that of other citizen. him imposed criminal sanction on is suffi- Respondent’s testimony evidences that subjected cient and that should not be only regrets of the law his violation by way further sanctions because of the sanctions for such violations. *4 that Respondent’s testimony evidences high Lawyers in are held to a Alaska knowingly simply violated the law be- professional Alaska standard of conduct. law. respondent disagrees cause with the in provides, part: Bar Rule II—9 respondent The evidences that record is, law in Alaska practice The license to civil not violate the law as an act of did continuing among things, procla- other in to effectuate disobedience order by the that the holder is fit mation Court disregarded in the changes the law. He ju- professional with entrusted simply disagreed law that the because matters, in the adminis- dicial aid perform acts which he should wanted justice attorney as tration of illegal. counselor, the and as an officer of courts. respondent record evidences every It is of the bar duty member by a acquiesced to similar of this act all times .in State to age minor
. upon formity standards Bar as
members conditions practice privilege to stan- Respondent’s The record evidences that include, to, the are not limited dards unaccompanied violаtion of the law professional responsibility, code of effectuating change in judicial that have code the law raises substantial doubt been, may time to any that be from competent judgment giv- in can exercise hereafter, recognized by adopted time or legal public of the advice to members of Alaska. Supreme Court may licensed who seek his services attorney. Disci-
By foregoing, attorney practiсe reasons of the law Any admitted to plinary unanimously ap- finds that in other who Alaska engages recommendation of the Commit- pears, participates, or otherwise inadequate tee is is State subject supervision Supreme result, they As a recommended (hereinafter ‘the Alaska called Court of practice of suspend court Court’) Disciplinary Board here- law for two inafter established. Before this has made court Preston part supervision, As of this initial contention that no Court of Alaska and Associ be imposed against the offense him since perform functions to as self-policing ation for which he was does not reflect convicted high are main sure that standards adversely on law. He his fitness to also tained. As the Hawaii Court argues offense not one Board Ha noted in turpitude. recently involves In record moral (Hawaii Bergan, waii v. bеfore the letters Board were numerous 1979): sug- from Preston’s friends and associates
It is the
of this court to
of the state
practices.
solemn
in which he
regulate
in this
of law
state ABA Code of Professional Responsibility
pro
and to see that
of the
integrity
(Final
Ethical Consideration 1-5
by disciplining
fession is maintained
at
1969), provides,
part:
torneys
indulge
practices
who
incon
Because of his
society,
even
high
sistent with the
ethical standards
of law
violations
all
demanded of
of the bar.
members
tend
public
to lessen
confidence in the
Hawaii
of the
Su
legal profession. Obedience to lawexem-
preme
Kim,
Court v.
59 Haw.
plifies respect
lawyers
for law.
espe-
To
(1978); People
P.2d 333
ex rel. MacFar
cially, respect for the law should be more
Harthun, Colo.,
lane v.
years with the date suspension April order of
court’s interim
1979. Justice,
CONNOR, concurring part
dissenting part. impose only suspension
I would opinion, until date of to a in excess
which will amount months.
of 16
BURKE, Justice, concurring part, dis-
senting part. colleagues, opinion my
I concur discipline that
except as to the measure of Mr. Pre- imposed. I would order
should be His and know-
ston disbarred. intentional disregard of the law he was sworn attorney gener-
uphold, both assistant bar,
al member of demonstrates and a fit
that he lacks character to
Alaska. CURRY, Appellant, L.
David Tucker;
George TUCKER Carol
First National Bank of
Anchorage, Appellees.
No. 4249. Alaska. Court of
Sept.