Anderson

Petitioner herein seeks a statutory “review” by this court of a disciplinary proceeding which was instituted against him as a practicing attorney at law in this state, and which resulted in a recommendation by the State Bar to this court to the effect that petitioner be suspended from the practice of the law for a period of one year. More particularly, the sole question that is presented herein relates to whether the said recommendation should be approved; or, in the event of its rejection,—by order of this court,—to what discipline petitioner should be subjected. The facts are not the subject of dispute by the interested parties. In substance and effect they are as follows:

In February, 1940, Jennie Coburn learned of the fact that the said warrants previously had been delivered to petitioner and thereupon demanded payment from him. Shortly before that time, petitioner had been injured in an automobile accident, and on her demand that he pay her the money he explained that he could not make immediate restitution, but that he would make repayment of the entire sum, with interest, over a period of time. Unwilling to accept that arrangement, Jennie Coburn filed a complaint in that…

I dissent.

It is well established that in determining the question of what discipline should be imposed upon an erring or offending attorney, mitigating circumstances should be given great consideration,—such as the motives and purposes which actuated his asserted misconduct, his previous good record, his characteristics and nature, also testimonials with respect to his good character and reputation. (Marsh v. State Bar, 2 Cal. (2d) 75, cases cited at p. 79 [ 39 Pac. (2d) 403 ].) It also is well settled that the discipline of an attorney, as contemplated by the provisions of the State Bar Act, is not punitive in character. Its primary object is the reformation rather than the punishment of the offender. A disciplinary proceeding is designed to effect that end and—for the protection of the courts, the legal profession and the public—to consider and determine whether the said offender may be deemed fit to continue as a practitioner of the law and as an officer of the court. (Marsh v. State Bar, supra, and cases there cited.)

Although in the present case the gravity of petitioner’s offense cannot be minimized, it also appears that he has suffered greatly. The tarnishment of his…