166 Iowa 265 | Iowa | 1914
— The district court of Webster county directed complaint against W. F. Condon, an attorney practicing at the bar of that court, to be prepared and filed, and this was done and a copy thereof served on Condon September 12,1913. Therein, it was alleged that on or about August 29, 1913, said Condon caused to be filed in the office of the clerk of the district court of said county six separate complaints against the members of the bar of said court, as follows: (1) “In the matter of a complaint against B. J. Price, M. M. Joyce, S. N. Magowan, and B. B. Burnquist,” verified by Wayne and Cynthia Porter before the accused as notary public; (-2) “In the matter of a complaint against B. J. Price and S. N. Mago-wan,” verified by C. W. Pratt; (3) “In the matter of a complaint against B. B. Burnquist and S. N. Magowan,” verified by John Connors and others; (4) “In the matter of a complaint against M. F. Healy, Robert Healy, B. B. Burn-quist, and Seth Thomas,” verified by John .A. Rail; (5) “In the matter of a complaint by A. T. Hill against the above-named persons,” verified by said Hill; and (6) “In the matter of a complaint against M. F. Healy, ’ ’ verified by C. W. Pratt. The first three of these complaints had been heard by the court and dismissed, and the last three dismissed at the instance of the complainants without hearing. The charge against Condon is that he counseled, commenced, instigated, and encouraged these proceedings in violation of his duty as
I. It appears that Condon began the practice of law at- Ft. Dodge in December, 1907, and at the November term, 1911, his license to practice was suspended indefinitely. In March,
The third complaint against Burnquist and Magowan was verified by John Connors and others, April 12, 1913. Among other things, Burnquist is charged with not legally accounting for money coming into his hands as county attorney, also that he refused to bring an action to remove the mayor of Barnum, and also that after the grand jury had begun an investigation against one Morrison, he filed an information and caused Morrison to be brought into the district court and fined and it is said in the complaint that Magowan failed to account for fines of $15 each assessed against Connors and nine others residing in the vicinity of Barnum. Condon appears to have made a perfunctory investigation, and to have told Connors that the fines referred to had never reached the county treasurer’s office, and, relying thereon, Connors and others signed and verified the complaint, believing that some of the money might be ordered paid back.
The fifth complaint had even less foundation. The wife of one A. T. Hill had eloped with James Jacobs, and as the latter owned a couple of lots in Ft. Dodge, Hill employed
Were there but one of these proceedings commenced it might be attributed to ignorance of the law or to carelessness in the matter of investigation, but with six proceedings of the same kind begun on the same day, lodged against attorneys only who had participated in the action against him, containing allegations without support in fact and made without reasonable inquiry, the plea of ignorance and inattention does not explain nor exculpate the accused from the plain inference to be drawn therefrom; that in so doing (1) he was guilty of counseling and maintaining proceedings which appeared to him unjust, for that this was done in malice, and for the purpose of revenge, and not to remedy any wrong or to protect society, and in that (2) he did advance matters not exacted by the justice of the causes, prejudicial to the honor and reputation of all the parties falsely accused, and (3) did encourage the commencement of these proceedings from motives of passion and interest. This was in willful violation of his duties and obligations as an attorney and counselor at law, and is specified in paragraph 3 of section 324 of the Code as ground for revocation of his license to practice law in this state.
II. Complaint is made that adequate time for defense was not afforded the defendant. The charges were served on him September 12, 1913, and the hearing was had October 8th
The ruling on the application for continuance was without prejudice. Though the charges must be specific, the decree is not required to include findings on particular issues. We are of opinion that the court did not err in suspending the license of the accused. — Affirmed.