In Re Cate

Each of the petitioners in these proceedings was formerly an attorney at law. Each is now resting un der the ban of a judgment of disbarment. Bach asks for a reinstatement in the ranks of the profession. We refrain, for reasons which will appear upon a perusal of what follows, from stating the matters of fact upon which a reinstatement is prayed in each proceeding.

A recent decision of the supreme court (In re Stevens, 197 Cal. 408 [ 241 Pac. 88 ]), makes it convenient and proper for us to lay down for the conduct of the present proceedings not only such rules as may apply specifically to them, but which as well may serve as our guide, whenever applicable, in other matters of a like character which in the future may be presented for our consideration.

In every instance in which is presented an application such as those which now lie before us, two prime questions will arise. 1. Is the applicant in the possession of the honesty, integrity, and general morality which would entitle him to reassume the discharge of the trust of which he has been deprived? 2. Has he the degree of learning in the law that would enable him to discharge efficiently his duty to the public whose servant…

Since the opinion rendered by our supreme court in In re Stevens ( 197 Cal. 408 [ 241 Pac. 88 ], it must be accepted as the law in this state that upon an application for reinstatement of a disbarred attorney the' question of the mental qualifications of the applicant is one which may properly be made the subject of inquiry. I find nothing in that decision which permits a question to be raised concerning the existence of such qualifications previous to or upon the date of admission. A fact once existing is presumed to continue to exist. It is true that there are many conditions any of which might result in a lawyer ceasing to possess this faculty, but it would be quite infrequent that the circumstances of the transaction which resulted in disbarment would alone overcome the presumption above mentioned to the extent of requiring proof to be taken as to the existence of such mental qualifications. I doubt if such circumstances are shown by the records in the petitions involved in this decision. However, as the matter is not one involving an issue of jurisdiction, but is addressed to the sound discretion of the court, it may be that the facts here disclosed are sufficient to raise…