Herald E. Stringer v. United States

Good Law
16 Alaska 305·233 F.2d 947·1956 U.S. App. LEXIS 3224
United States Court of Appeals for the Ninth CircuitMay 18, 195614659California604 words

Opinion

Opinion

Chambers, J.

Stringer, an Anchorage attorney, has been suspended from practice for a period of 120 days pursuant to an order made in disciplinary proceedings in the Third Division (Anchorage) of the District Court for the Territory of Alaska. He appeals.

The information (not strictly a criminal one) charged violations by Stringer of his obligations as a lawyer in connection with his fee arrangements with a client who was a taxi driver. The client has been arrested at Anchorage on a charge of hauling persons for prostitution. The client stood in jeopardy of possible criminal prosecution.

At the outset, believing himself disqualified in the case against Stringer, the presiding judge at Anchorage announced his disqualification. He then assigned the case to the judge of another Alaska division. In due time the judge-designate reassigned the case to the home judge at Anchorage. At this juncture, the appellant Stringer appears to have been agreeable to the judge at Anchorage proceeding with the case.

The judge at Anchorage announced he would preside unless the district attorney or Stringer filed an affidavit to disqualify him (presumably under the Alaska statute, 1949 Compiled Laws of Alaska,…

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