In Re Royall
268 P. 570 | N.M. | 1928
It is not seriously contended by counsel for the board that the board can be lawfully empowered to make the order of disbarment. That this must be so seems clear, when we remember that the disbarring of an attorney is a strictly judicial function with which the board may not be clothed. State ex rel. Wood v. Raynolds,
If the order of disbarment by the board was without jurisdiction, as we hold, then the respondent cannot be guilty of contempt in disobeying the order. This consideration would seem to be sufficient to dispose of the case and to entitle the respondent to his discharge; and it is so ordered.
BICKLEY, J., and FRENGER, District Judge, concur. *388