93 N.W. 918 | N.D. | 1903
On the 1st day of September, 1902, term of this court, a motion was made by Honorable Tracy R. Bangs and Honorable John M. Cochrane for the reinstatement of Leslie A. Simpson, who was disbarred for unprofessional conduct by an order of this court dated July 12, 1900. The disbarment proceedings are reported in 9 N. D. 379, 83 N. W. Rep. 541. A similar motion for reinstatement was made at the September, 1901, term of court, and was denied. On the former motion no proof which we 'could judicially consider was offered, either to contradict or to excuse the unprofessional acts upon which the order of disbarment was based, or to show that the applicant for reinstatement had so altered in character, as a result of the discipline to which he had been subjected, as to render him fit to be intrusted with the privileges pertaining to the office of attorney and counselor at law of this state. The court, however, while denying the motion, at the same term, in a communication from Chief Justice Wallin, directed to the Honorable Seth Newman, president of the State Bar Association, referred the application to said association, and requested that body to conduct an investigation, through its proper officers, touching the present character and fitness of Mr. Simpson to be reinstated, and to report to this court upon the following matters of fact: “(1) To what extent, if at all, has Mr. Simpson
That a court which has the power to suspend or disbar an attorney has also the power to reinstate him cannot be doubted. That power was exercised by this court in the reinstatement of Taylor Crum, and it has been frequently recognized and exercised by the courts of other states. In re Newton (Mont.) 70 Pac. Rep. 982; In re Treadwell, 114 Cal. 24, 45 Pac. Rep. 993; In re King, 54 Ohio St. 415, 43 N. E. Rep. 686; In re Boone (C. C.) 90 Fed. Rep. 793; In re Harris (N. J. Sup.) 49 Atl. Rep. 728. In other words, courts recognize the possibility of reformation of character. The decisive question on such an application is whether the applicant is of good moral character, in the sense that phrase is used when applied to attorneys of law, and is a fit and proper person to be intrusted with the privileges of the office of an attorney. To establish this fact on an application for reinstatement, the mere formal proof of good character required upon an original application is not enough. Neither is a petition by attorneys, stating that, in their opinion, the applicant has- been sufficiently punished. In re Enright, 69 Vt. 317, 37 Atl. Rep. 1046; In re Pemberton (Mont.) 63 Pac. Rep. 1043. The proof must be sufficient to overcome the court’s former adverse judgment of the applicant’s character.
In the present case the propriety and justice of the judgment of disbarment is not questioned; neither was it on the former motion. On the contrary it is admitted by the applicant. The motion is based entirely upon the ground that the applicant has reformed as a result of the discipline to which he has been subjected. On this point the affidavits of four reputable attorneys of this court, filed in support of the motion, 'state, from the personal knowledge of the affiants, that the applicant is of good moral character. Honorable W.'H. Winchester, judge of the Sixth Judicial District, certifies that the applicant has at all times obeyed the order of the court, and since the order of disbarment has refrained from practice. This fact is also further sustained by the affidavits of C. E. Gregory, state’s attorney of Stark county. The record filed by the committee of the bar association contains the testimony of over 60 witnesses who live in the community where the applicant resides, including city and county officials, bankers and merchants, and others, whose opportunity for judging the applicant’s conduct and character cannot be doubted; and with unanimity and without hesitation they testify that since his disbarment, in July, 1900, the conduct of the applicant has been that of an- exemplary citizen; that his reputation is good; that he is trustworthy and in all respects worthy of confidence. The members of the bar association committee, in addition to reporting upon the questions of fact submitted to them, have added to the report their endorsement, and, in conjunction with the eminent members of the bar who presented this motion, assure us that the applicant, as a result of the discipline already inflicted, has so altered in character that he will, if reinstated, conduct himself with fidelity to clients, courtesy to op
Upon this showing, we are constrained to grant the motion. In doing so we are influenced somewhat by the knowledge that the misconduct for which the applicant was disbarred resulted in a measure from inexperience and youthful indiscretion, as well as a radical misconception of his duty as an attorney, and, further, that it was induced largely by local sentiment which openly encouraged his violation of official duty. In our opinion, neither the ends of justice, nor the maintenance of a proper standard of legal ethics, require his further punishment.
It is proper to state that Chief 'Justice Wallin, who was a member of the court when Mr. Simpson was disbarred, as well as when the present motion was submitted, also desired his reinstatement at this time.
An order will be entered that the said Leslie A. Simpson be readmitted to practice law in all the courts of this state upon taking the oath of office.