Butts

The State Bar charged petitioner with three acts of professional' misconduct, violative of sections 6067, 6068, 6103 ánd 6106 of the State Bar Act, all committed in connection with his employment as an attorney by Janette Mack.

The local administrative committee concluded that petitioner should be subjected to discipline for only one of the acts charged, that of wrongfully withholding $252.75 contrary to an alleged fiduciary obligation, and recommended that petitioner be suspended from practice for a period, of three months. With a slight modification of the committee’s findings to show that petitioner had repaid the sum subsequent to the issuance of the notice to show cause, the board of governors, by an eight to six vote, adopted the committee’s findings and recommendation. The six members based their negative vote on the ground that the degree of discipline recommended was too severe.

The matter comes before this court on a petition for writ of review. Petitioner contends that he has not committed any act of moral turpitude or dishonesty and that in any event the degree of punishment suggested is not justified by the facts in evidence.

The pertinent facts as found by the…