In Re Application of Lamotte

This is an application for the reinstatement of an attorney at law after disbarment. The rules governing such matters and the procedure to be followed in disposing of them in this particular division of the district court of appeal are defined and laid down in the opinion in In re Stevens, 197 Cal. 408 [ 241 Pac. 88 ], and in our opinion In re Cate, ante, p. 495- [ 247 Pac. 231 ].

Under these decisions it becomes our duty, in the present proceeding, to determine two questions: 1. What are the moral qualifications of petitioner, as touching his fitness to resume the work of the legal profession 1 2. What are his mental qualifications, as affecting the same matter? We are able to answer these questions without making the reference which we found necessary in each of the three proceedings that were dealt with in the opinion In re Cate, supra.

Petitioner was disbarred pursuant to that portion of the statute which provides for the removal of an attorney upon his “conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction shall be conclusive evidence” (Code Civ. Proc., sec. 287, subd. 1). The crime that resulted in the disbarment was not…