Barnard's Case

Supreme Court of New Hampshire

Barnard's Case

131 A.2d 630, 101 N.H. 33, 1957 N.H. LEXIS 9

CourtSupreme Court of New Hampshire

DecidedMay 8, 1957

Docket4588

StatusPublished

Cited by8 cases

This text of 131 A.2d 630 (Barnard's Case) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnard's Case, 131 A.2d 630, 101 N.H. 33, 1957 N.H. LEXIS 9 (N.H. 1957).

Pincite

Opinion

Kenison, C. J.

This court has the inherent power to take reasonable and expeditious action in the suspension or removal of members of the bar for the protection of the community. Harrington’s Case, 100 N. H. 243, 244; Ricker’s Petition, 66 N. H. 207, 211. In the exercise of this power this court has the obligation to make appropriate disciplinary orders “for the protection of the public, as well as for the maintenance of public confidence in the bar as a whole.” Welanko’s Case, 99 N. H. 413, 414.

Although the respondent is presumed innocent until he has been proved guilty of the criminal charges pending against him, his right to continue the practice of law in the interim is not in the public interest. Delano’s Case, 58 N. H. 5, 6; Moore’s Case, 98 N. H. 324, 327; anno. 76 A. L. R. 674. While the respondent indicates that he will not practice law during that time, the public is entitled to an order that he shall not. Accordingly, the respondent is immediately and indefinitely suspended from the practice of law pending further order of this court and the prayer of the petition for disbarment (RSA 311:8) will be held in abeyance pending final adjudication of the criminal charges against him.

So ordered.

All concurred.

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Kenison, C. J.

This court has the inherent power to take reasonable and expeditious action in the suspension or removal of members of the bar for the protection of the community. Harrington’s Case, 100 N. H. 243, 244; Ricker’s Petition, 66 N. H. 207, 211. In the exercise of this power this court has the obligation to make appropriate disciplinary orders “for the protection of the public, as well as for the maintenance of public confidence in the bar as a whole.” Welanko’s Case, 99 N. H. 413, 414.

Although the respondent is presumed innocent until he has been proved guilty of the criminal charges pending against him, his right to continue the practice of law in the interim is not in the public interest. Delano’s Case, 58 N. H. 5, 6; Moore’s Case, 98 N. H. 324, 327; anno. 76 A. L. R. 674. While the respondent indicates that he will not practice law during that time, the public is entitled to an order that he shall not. Accordingly, the respondent is immediately and indefinitely suspended from the practice of law pending further order of this court and the prayer of the petition for disbarment (RSA 311:8) will be held in abeyance pending final adjudication of the criminal charges against him.

So ordered.

All concurred.

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Bluebook (online)

131 A.2d 630, 101 N.H. 33, 1957 N.H. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnards-case-nh-1957.

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