Signer

Petitioner was cited to appear before local administrative committee number four, of The State Bar of California, at the city of Los Angeles, on June 13, 1938, to then and there show cause why he should not be disciplined for professional misconduct by reason of certain acts committed by him during his membership of a copartnership with Thomas L. Nair, attorney at law. Said acts were designated by said citation as involving moral turpitude within the meaning of subdivision 5, section 287, Code of Civil Procedure. He appeared in obedience to said citation and the local committee recommended his suspension for a period of six months. The *152 board of governors on a review of the record recommended to this court that petitioner be suspended from the practice of the law for a period of three years, and the matter has come to this court in due course.

Said acts were set forth in an affidavit verified by petitioner Albert J. Signer, on the behest of Thomas L. Nair, his former law partner, on June 5, 1936, approximately two years prior to the issuance of said citation. Said affidavit upon which the suspension proceedings were instituted was prepared by and acknowledged before Thomas L.…

I can see no reason why this court should reduce the punishment fixed by the Board of Governors of The State Bar. The only point urged by the petitioner is that suspension for three years is “excessive punishment” for the offense with which he was charged. However, as stated in the opinion, five of eight members of the Board of Governors are on record as believing that suspension for that period of time is insufficient discipline for the conduct admitted by the petitioner. In my opinion the board erred, if at all, on the side of leniency and that its recommendation should be followed.

Rehearing denied. Edmonds, J., voted for a rehearing.