189 S.W.2d 403 | Ky. Ct. App. | 1945
Disbarring respondent.
The Board of Bar Commissioners has recommended that the respondent, Jay H. Taylor, of the Bell County Bar, be disbarred from the practice of law upon the grounds that (1) he has been convicted of a felony, and (2) he had aided in the perpetration of a fraud on the court. A number of other charges were made involving the respondent's negligence and unfaithfulness to his clients and certain unethical practices. There is also some evidence of public drunkenness. However, these other charges were dismissed by the trial committee of the Bar Commissioners either because not sustained or not of sufficient consequence to justify action. *449
The first of the counts or grounds upon which disbarment is recommended presents an unusual condition. In February, 1917, the respondent was convicted of voluntary manslaughter and sentenced to the penitentiary for an indeterminate period of five to six years. He had been previously found guilty of murder in the case but the judgment was reversed because of erroneous instructions. Taylor v. Commonwealth,
The second ground upon which the respondent's disbarment is recommended also presents novel and peculiar circumstances.
On August 18, 1943, a suit was filed in the Bell Circuit Court by Nellie Taylor against the respondent as defendant alleging their marriage and seeking a divorce *450 from him. He was served with summons that day, and the next day, August 19th, he was present when the plaintiff gave her deposition in which she swore that they had been married in Knoxville. He caused or permitted to be put in the record the statement that he had no defense to make and declined to cross-examine the plaintiff. On August 30th the respondent took the record to the Circuit Judge in Harlan, where he lived, with a letter from the woman's attorney, with whom the respondent had often been associated in the practice, requesting that the decree be dated back to August 19th, the day the deposition was given. A deputy circuit court clerk testified that the endorsement by the judge on the record that a divorce was to be granted may have been dated August 19th, although he hadn't paid much attention to it. When he declined the respondent's request that the judgment be entered eleven days back, because there were three intervening pages of orders and it would have "messed up" the book, the respondent took the record away and he had not seen it since. No judgment of divorce was ever entered. The respondent had married another woman on August 25th. On this proceeding he testified that he had boarded with Nellie Epperson (plaintiff in the divorce suit) about two years and for some unaccountable and unfounded reason it had been rumored in the community they were married; that she had suggested that she sue him for divorce because "that will make it all right and keep down suspicion and protect my reputation;" and that he had consented to the proceeding for that reason. He testified that she had been in a hurry to get the decree as she was going to Detroit, where her daughters were, and "wanted to submit it for judgment on account of some property rights." He happened to be going to Harlan to attend to some other business on August 30th and the plaintiff's attorney, W.L. Hammond, asked him to take the record to the judge as he had promised his client he would have the case submitted immediately. Mr. Hammond's letter stated that Mr. and Mrs. Taylor were having some trouble and that legal ground for divorce had been proved, and that he would like that the order go as of the date the deposition was filed "as it was understood by the parties that I would carry the papers to Harlan on that date but I could not get away from home." The endorsement of the judge on the record shows that the date "August 30th" had *451 been changed by a pen to the 19th. No effort was made to prove whether this was changed by the judge or another. The respondent never told the judge that he and the plaintiff were not husband and wife, nor did he reveal that fact, or claimed fact, to Mr. Hammond until some time after the divorce proceeding had been submitted.
We pass over as unnecessary the consideration of the first ground upon which the recommendation that the respondent should be disbarred and the complex legal questions which it presents, deeming the second ground alone as requiring his disbarment.
There is no occasion to hunt through the lawbooks for authorities to support the conclusion that the conduct of the respondent was reprehensible and in violation of his obligation as a member of the bar. He is guilty of deceit and assisting to perpetrate a fraud upon the court. There is no condonation. The respondent's explanation for the collusion is weak, that it was to favor the woman seeking to dissolve a marriage to himself which he says never occurred, and this for the ridiculous reason that she wanted to have some sort of property right adjusted. Is this conduct not as reprehensible as knowingly exhibiting to the court false and fraudulent affidavits in order to obtain some advantage for a client; or knowingly and deliberately presenting perjured testimony; or having a certificate to a legal paper falsely executed? These have been deemed sufficient causes for disbarment. 5 Am. Jur., Attorneys at Law, Secs. 262, 263; Annotation 14 A.L.R. 868; Rice v. Commonwealth,
As was well said in People ex rel. Atty. Gen. v. Beattie,
When a lawyer enters into such practices as are admitted and proved in this proceeding, he should expect that the courts will protect themselves and the members of the bar who appreciate the responsibilities of their profession from such conduct.
The rule issued against the respondent to show cause why the recommendation and report of the Board of Bar Commissioners should not be confirmed is made absolute. The report is confirmed and an order will be entered disbarring the respondent from the practice of law in the Commonwealth.
Whole Court sitting.