In re Disbarment of Burris

This is a proceeding based upon the

written and verified accusation of Mrs. Johanna Nelson, in which she alleges certain misconduct of John F. Burris, and prays that he be removed from the office which he has heretofore exercised of attorney and counselor at law. Answer was made by the respondent; the matter was referred to a commissioner, to take and report the evidence and findings of fact; and in due time he made his report.

One of the specifications in the accusation is that respondent procured the name of one Fred C. Smith to be signed to a certain affidavit to a bond, so that it falsely appeared that said Smith had appeared before a certain notary public and qualified as a surety, whereas he had never signed said affidavit or appeared before said notary; and that the judge of the superior court who approved the bond was thus fraudulently imposed upon. This averment is supported by the evidence and *625 findings, and the conduct of the respondent in that matter was reprehensible; but as Smith was really willing and ready to qualify as a surety on the bond, it is difficult to see what bad motive respondent could have had to insert his name in the affidavit, and it may…