In re Delmas

Good Law
1903 Cal. LEXIS 951·7 Cal. Unrep. 146·72 P. 402
Supreme Court of CaliforniaApril 9, 1903Cr. No. 1015California782 words

Opinion

lead Opinion

Beatty, J.

An accusation in writing, entitled as above, has been filed here by H. W. Hutton, upon which he prays that a citation may issue to Mr. Delmas, requiring him to answer certain charges therein contained. Without waiting for the issuance of a citation, Mr. Delmas has voluntarily appeared, filed a denial of the charges, and has requested an immediate hearing thereon. The court, however, must decline to proceed in the matter. For a long time, and in a number of cases, we have refused to entertain proceedings to disbar attorneys for alleged professional misconduct, unless the proceeding was instituted or supported by a bar association, or the misconduct was alleged to have direct connection with matters pending in this court. This course is sufficiently justified by the fact that the superior courts— which have a concurrent jurisdiction in proceedings to disbar attorneys—have time to spare for the necessary investigation, while the time of this court is more than exhausted in the effort to dispose of matters which cannot be litigated elsewhere. It is also a weighty consideration that the convenience of witnesses requires that the issues of fact involved in any proceeding should be tried…

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