Paine

Paine v. State Bar

Good Law
14 Cal. 2d 150·1939 Cal. LEXIS 319·93 P.2d 103
Supreme Court of CaliforniaAugust 7, 1939S. F. 16097California1,555 words

Opinion

Lead Opinion

On a reconsideration of this matter, we cannot conclude that the petitioner should be absolved from all discipline, as is so earnestly sought on petition for rehearing. On the record presented the petitioner should be subjected to some substantial discipline. We are persuaded, however, that the ends of justice will be subserved by the reduction of the period of suspension from two years to six months. Accordingly, the following portion of the opinion heretofore rendered is adopted and the period of suspension reduced as indicated:

It is ordered that the petitioner be suspended from the practice of the law for a period of six months from the date of the filing of this opinion and order.

Dissenting Opinion

Curtis, J.

We dissent from that part of said order fixing the petitioner’s term of suspension at six months instead of two years as provided in our previous decision. The record in this case shows the petitioner to be guilty of a most serious offense. A suspension of two years as recommended by the Board of Governors of The State Bar cannot, under all the circumstances of this case, be considered too severe a penalty to be imposed for such an offense.

Opinion

J. E. Gardner, Philip T. Boyle, Harry M. Parker, A. W. Sans, Gilbert B. Perry, Rolland T. Maher, Anthony J. Franich, C. R. Taylor, Roy M. Sayre, Stanford G. Smith, John H. Leonard, Paul W. Murray, Emmet L. Rittenhouse, Donald Younger, Benj. B. Knight, Francis R. Hall, Paul E. Colegrove, James J. Scoppettone, Simon M. Collins, J. Frank Murphy, Geo. G. Graham, Lew W. Collins, Emmet C. Rittenhouse, J. L. Johnston, J. L. McCarthy, R. H. Hudson and J. A. Wyckoff, as Amici Curiae, on Behalf of Petitioner.

Philbrick McCoy for Respondent.

THE COURT.

On a reconsideration of this matter, we cannot conclude that the petitioner should be absolved from all discipline, as is so earnestly sought on petition for rehearing. On the record presented the petitioner should be subjected to some substantial discipline. We are persuaded, however, that the ends of justice will be subserved by the reduction of the period of suspension from two years to six months. Accordingly, the following portion of the opinion heretofore rendered is adopted and the period of suspension reduced as indicated:

"This is a petition to review a recommendation of the board of governors of The State Bar that petitioner be…

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