Geibel

Petitioners Martin E. Geibel and Charles R. Morfoot seek to set aside our final judgment suspending them from the practice of the law. (Geibel v. State Bar, 11 Cal. (2d) 412 [ 79 Pac. (2d) 1073 ].) Their joint “Motion to Vacate and Set Aside Judgment” was ordered placed on the calendar and is now before us after oral argument. The contention is that all proceedings against them should be dismissed with prejudice for the reason that the recommendation of suspension made by the Board of Governors to this court was not by a majority vote of the entire board, as required by rule 34, Rules of Procedure of The State Bar ( 213 Cal. cxix ), in that Alfred L. Bartlett, then president of The State Bar, was disqualified on the ground of interest.

Of the fifteen members composing the board, twelve were present when the charges against petitioners were considered. Eight, including Bartlett, voted that petitioner Geibel be suspended for three years, with the result that if Bartlett’s vote is not counted, the recommendation is not by the required majority of the entire board. Nine members, including Bartlett, voted for suspension of Morfoot for one year. But Morfoot contends that the proceeding…