Cadwell

I concur in the opinion of the majority that the petitioner, David R. Cadwell, should be subjected to discipline but I dissent as to the nature and extent of the discipline to be imposed. It is true that he has been suspended from the practice of law since March 11, 1970, a period in excess of five years. The majority terminates such suspension and permits petitioner to return to the practice of law after the expiration of 30 days from the filing of the opinion.

That petitioner’s offenses were egregious indeed and were of a deceitful and calculated nature is apparent from the recitation thereof set forth in the majority’s opinion. Whether he has been rehabilitated or not is something upon which Tam unwilling to hazard a guess. In my view, petitioner should be disbarred.

Sufficient time has elapsed since the date of the interim suspension (rule 54, Rules of Proc. of the State Bar of Cal., Oct. 1972) 1 for petitioner, after an order of disbarment, to immediately seek reinstatement. Thereafter all of the safeguards specifically set forth in the Rules (see rules 43-54) come into operation. It is only “Upon an affirmative showing to the satisfaction of a majority of the entire board…

This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California in L.A. 30449 that David R. Cadwell be suspended from the practice of law for five years commencing March 11, 1970, 1 and its recommendation in L.A. 30450 *765 that he be suspended for two months upon “the effective date of the termination of the order” in L.A. 30449. 2 Cadwell was admitted to practice in 1960 and has no prior disciplinary record.

L.A. 30449

In 1969 Cadwell was convicted on two counts of grand theft (Pen. Code, §§ 484, 487) and was sentenced to prison. On March 11, 1970, we filed an interim suspension order since the offenses involved moral turpitude (see Bus. & Prof. Code, § 6102). In 1972, after the judgment was affirmed on appeal (People v. Cadwell, 4 Crim. 4191 [unpub. opn.]) and final, we referred the matter to the State Bar on the issue of discipline.

Following an evidentiary hearing by the local committee, the board received additional evidence. The board then made findings of fact, which may be summarized as follows with certain supplementary facts added thereto in brackets:

The criminal charges resulted from Cadwell’s misappropriation of…