Cornelius P. Coughlan v. United States

This appeal is from an order of the district court disbarring appellant from practice before the territorial courts.

On May 9, 1953, appellant was convicted below of the felony of embezzlement under § 65-5-61, Alaska Compiled Laws. Shortly afterwards an information seeking his disbarment was filed in the same court. This information was dismissed in June of 1953, and on June 25,1953, the United States Attorney filed an amended disbarment information.

Meanwhile the appellant had appealed from the criminal conviction mentioned above, and on the appeal we reversed and ordered the dismissal of the indictment, 216 F.2d 324 , on the ground that the prosecution should have been under the misdemeanor provisions of § 65-5-66, Alaska Compiled Laws.

Subsequently, on December 17, 1954, a second amended information for disbarment was filed below. Shortly thereafter appellant subpenaed the records in the United States Attorney’s possession pertaining to the disbarment and gave notice of the taking of the deposition of the United States Attorney. The subpena and notice were quashed by the court, and appellant was given time to secure counsel. On the disbarment hearing, held several months…