In Re Bridwell

474 P.2d 116, 25 Utah 2d 1, 1970 Utah LEXIS 532

• Court: Utah Supreme Court
• Decided: August 31, 1970
• Docket: 11546
• Status: Published

Opinions

PER CURIAM

(with two Justices dissenting) :

Pursuant to a disciplinary proceeding, the Utah State Bar recommended that George E. Bridwell, an attorney, be disbarred from the further practice of law in this State. This matter is before us for a determination of what penalty, if any, should be imposed upon the attorney.

It has been the policy of this court to look upon the findings and recommendations of the Utah State Bar with indulgence;¹ and while we are still of the opinion that the findings of the Utah State Bar should be adopted by this court unless they appear to be arbitrary or not in accord with the preponderance of the evidence, yet we do not consider the recommendations of punishment made by the Bar to be in the same category as we do their findings of fact, because it is our responsibility to discipline an erring attorney, and we cannot delegate that duty to others. The Utah State Bar makes its recommendations upon a reading of the printed record of proceedings had before committees and not before the individual commissioners of the State Bar. We are, therefore, in an equally good position to evaluate the situation as are the commissioners.

We have carefully considered the evidence given before the investigating committee and considered the length of time which had elapsed between the alleged misconduct and the conclusion of the hearing and are of the opinion that a suspension of one year from the practice of law would be an adequate amount of punishment to be imposed upon Mr. Bridwell, together with a requirement that he pay to the Utah State Bar the actual costs incurred in connection with the disciplinary proceedings.

It is, therefore, ordered that George E. Bridwell be suspended from the practice of law in this State for a period of one year from the issuance of the remittitur, and that in addition thereto he be required to reimburse the Utah State Bar for the actual expenses incurred in connection with this disciplinary proceeding.

1 . In re Fullmer, 17 Utah 2d 121, 405 P.2d 343.