In the Matter of the Los Angeles County Pioneer Society, a Corporation, Debtor

217 F.2d 190 In the Matter of the LOS ANGELES COUNTY PIONEER SOCIETY, a corporation, Debtor. No. 14478. United States Court of Appeals Ninth Circuit. Nov. 26, 1954. Morris Lavine, in pro. per., and Guy Richards Crump, Los Angeles, Cal., for appellant. Jerry Geisler, William Strong, Beverly Hills, Cal., amicus curiae of the Criminal Courts Bar Ass'n (on behalf of appellant). Walter T. Shatford II, Temple City, Cal., Donald O. Krag, Alhambra, Cal., amicus curiae of San Gabriel Valley Bar Ass'n (on behalf of appellant). Laughlin E. Waters, U.S. Atty., Louis Lee Abbott, Robert K. Grean, James R. Dooley, Asst. U.S. Attys., Los Angeles, Cal., for United States Dist. Court, S.D. California. Augustus F. Mack, Jr., Los Angeles, Cal., attorney appointed by Los Angeles Bar Ass'n to assist the Court. Before DENMAN, Chief Judge, and ORR and CHAMBERS, Circuit Judges. DENMAN, Chief Judge. 1 This is an appeal from an order of the District Court for the Southern District of California made in the above proceeding, permanently disbarring appellant from practicing in that court. Also before the court is a motion to strike from the record an opinion, filed after the notice of appeal was filed. 2 A. A…

This is an appeal from an order of the District Court for the Southern District of California made in the above proceeding, permanently disbarring appellant from practicing in that court. Also before the court is a motion to strike from the record an opinion, filed after the notice of appeal was filed.

A. A federal court is without jurisdiction to disbar an attorney for a contempt not committed in or near a hearing then being conducted, where due process is denied him by failing to give him notice that his disbarment is being considered or by failing to give him an opportunity to prepare and present a defense.

In the proceeding below appellant obtained for his client, the Los Angeles County Pioneer Society, hereafter Pioneer, and against the Historical Society of Southern California, hereafter Historical, a temporary restraining order restraining until the further order of the court, any action by the Superior Court of Los Angeles County in the case then entitled “In the Matter of the Dissolution and Winding Up of the Los Angeles County Pioneer Society, a Corporation.” In that Superior Court case a proceeding was pending for the distribution of certain funds under the control of…

(concurring) .

An examination of the record and of the opinion of the trial judge in this case, In the Matter of Lavine, D.C., 126 F. Supp. 39 , will indicate that the respondent had notice that he was in trouble, but he didn’t have notice, I take it, that the penalty was to be so severe.

Most of the cases on “off the handle” disbarment carefully recognize that there is an inherent power to disbar an attorney in a proper case, without notice or any other formality, but the cases neglect to describe a “proper case.” Randall v. Brigham, 7 Wall. 523 , 74 U.S. 523 , 19 L.Ed. 285 ; In re Claiborne, 1 Cir., 119 F.2d 647 . Venturing into the unknown, I suggest that if Morris Lavine had come into court with six-guns at his side and with fingers on triggers demanded that a district judge sign an order, the district judge would have power then and there without formality to disbar Mr. Lavine. And I believe if such a thing had happened here that my associates would agree.

But here it is charged, I assume, that not even yesterday, but last week, Mr. Lavine did not make a fair disclosure to Judge Harrison, the district judge who signed the orders which were vacated by Judge Mathes. In such…