Herrscher

The petitioner herein, Edmond E. Herrscher, has filed this proceeding for a review by this court of the findings of the Board of Governors of The State Bar, recommending his disbarment on three separate charges.

Herrscher was originally charged with five different acts of misconduct, all growing out of his relationship as attorney for Mr. and Mrs. James W. Perry, of New York. The local administrative committee that heard the evidence recommended the dismissal of three of the charges, found two of the charges sustained, and recommended Herrscher’s disbarment. The Board of Governors agreed with the administrative committee as to the two charges found sustained by the evidence, but disagreed with the committee as to one of the charges which the committee had found to be without merit. The Board dismissed the other two charges.

In reviewing the recommendations of the Board of Governors in these disciplinary cases, the rule is now well settled that this court is not bound by the rule that findings based on substantial evidence are binding on an appellate court. In such proceedings, the Board of Governors acts as an administrative arm of this court and the court will approve or…