On May 14, 1980, Respondent, Jessee Benjamin Stoner, was convicted of a felony in Jefferson County, Alabama. A disciplinary action was brought against him in this state and after notice and a hearing, the Special Master recommended that Respondent be suspended from the practice of law pending the outcome of his
1. Respondent contends that to suspend him from the practice of law before his appeals are final violates due process. We find this argument to be without merit. The purpose of suspension and disbarment in this state is not to punish the attorney, but to protect the courts and the public from persons deemed to be unfit to practice as attorneys. See Yarbrough v. State,
We find that promoting public confidence in the judicial system is a legitimate state end and that suspending attorneys upon conviction of a crime of moral turpitude, even before all appeals are final, is rationally related to that end.
While we recognize that some states do not act to suspend attorneys until appeals are final (see, e.g., In the Matter of a Member of the State Bar of Arizona, John A. Metheany,
2. Respondent’s contention that the felony of “Setting Off Dynamite Dangerously Near An Inhabited Dwelling” is not a crime involving moral turpitude is patently without merit. See Lewis v. State,
3. Respondent’s suspension from the practice of law does not violate the constitutional rights of his clients. The right to counsel does not mean the right to the counsel of one’s own choosing in every situation. See Fleming v. State,
There being no constitutional infirmity in the provisions of Rule 4-106, it is ordered that Jessee Benjamin Stoner be and hereby is suspended from the practice of law in all courts of this state until further order of this court.
