In re Liceaga

82 P.R. 245
CourtSupreme Court of Puerto Rico
DecidedMarch 10, 1961
DocketNo. 100
StatusPublished

This text of 82 P.R. 245 (In re Liceaga) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Liceaga, 82 P.R. 245 (prsupreme 1961).

Opinion

Mr. Justice Blanco Lugo

delivered the opinion of the Court.

Respondent José Antonio Liceaga was admitted to the practice of law on February 24, 1950. He held the office of District Judge from April 16, 1951 until September 30, 1957, when his resignation became effective. The facts to which we shall refer hereinafter occurred while the respondent was acting as District Judge of Carolina.

On September 1,1959 and in compliance with our decision of the preceding May 18, the Attorney General of Puerto Rico filed a complaint against Mr. Liceaga, charging him with the following counts:

“FIRST CHARGE
“That while he held the office of Judge of the District Court of Puerto Rico, Carolina Part, and within the period between October 13, 1956 and September 13, 1957, he sentenced and imposed fines and costs on various defendants at the time when several cases were being submitted to him for determination of probable cause without any complaint having been filed, and having appropriated to his own use and benefit the sum of $577.25 for fines and costs which he had imposed in an illegal manner; which money was reimbursed to the Office of the Secretary of the Court days before his resignation was effective, it appearing in the record that said judgments were imposed on September 13, 1957, on which date the respondent was on vacation and the court was not holding any sessions whatsoever in the town of Carolina; said acts constituting immoral conduct unbecoming an attorney at law who performs the duty of a judge.
“SECOND CHARGE
“That the respondent borrowed money from Manuel Fer-nández Corujo, who was accused of a violation of the Weights and Measures Act, which case was going to be heard before him, of which fact he was aware. Fernández Corujo. was ac[248]*248quitted and the money which the respondent had borrowed from Mm has not been paid yet, this fact constituting' immoral conduct, unbecoming- an attorney at law who performs the duty of judge.”

The respondent answered and denied that his conduct .had been immoral and unbecoming, and in relation to the :first charge he specifically denied having appropriated “to his own use and benefit” the amount of fines and costs imposed in the manner described in said charge. We appointed Hon. José M. Calderón to receive the evidence and to submit a report with his findings of fact. The report was presented, and with the exception of the objections raised by the respondent to which we will refer hereinafter, it has been accepted by the parties.

I

In the first place and although it has not been . raised by the respondent, we should consider whether, within ■our function to discipline the legal profession, immoral and unbecoming conduct adopted by an attorney while performing the duty of judge, or on occasion of his functions as such, constitutes sufficient cause for disbarment.

The removal, as well as the admission to the practice of law, is an inherent power of the Supreme Court of Puerto Rico. In re Pagán, 71 P.R.R. 712 (1950); In re Abella, 67 P.R.R. 211 (1947); In re González, 65 P.R.R. 357 (1945); In re Bosch, 65 P.R.R. 232, 235 (1945); Ex parte Jiménez, 55 P.R.R. 51 (1939). For that reason, the causes which the Legislature1 decrees for disbarment do not exclude [249]*249our power to order the removal of a lawyer for other causes, In re González, supra, which “covers any imaginable just cause.” In re Tormes, 30 P.R.R. 248. This is so because, among other things, it is not the purpose of a disbarment proceeding to punish an attorney for the fault committed, but to protect the community and the profession by an inquiry into the attorney’s moral fitness to determine whether he may continue as such. The ruling criterion is one of social prophylaxis; it follows that the cause for disbarment or suspension does not necessarily arise as a consequence of the professional activity, but rather where it involves the moral conditions of the respondent.2

In In re Abella, 67 P.R.R. 211, 220 (1947) we considered a similar situation upon deciding a disbarment proceeding for conduct adopted by the respondent while he held the office of Registrar of Property. We held specifically that respondent’s misconduct in the performance of said duties is pertinent “in determining if he is fit to remain a member of the bar.” At the time when the complaint was heard Abella had ceased in his duty as Registrar.

[250]*250The majority of state jurisdictions have adopted the rule that immoral and unbecoming conduct adopted by an attorney while performing the duty of judge, constitutes sufficient cause for his removal from the practice of the profession. In the recent case of Gordon v. Clinkscales, 114 S.E.2d 15 (Ga. 1960), the principle of both rules is discussed, and when that of the majority is favored, it is added that although a judge can not be disbarred for errors of appreciation dictated by his understanding of the law, irrespective of how grave or evident they may be — cf. In re Watson, 286 P.2d 264 (Nev. 1955) — conduct revealing lack of moral preparation justifies his removal from the profession. To the same effect see, among others, State ex rel. Nebraska State Bar Ass’n v. Wiebusch, 45 N.W.2d 583 (Neb. 1951); In re Williams, 128 S.W.2d 1098 (Mo. 1939); In re Garry, 44 N.E.2d 7 (Ill. 1942) and In re Stolen, 214 N.W. 379 (Wis. 1927). Cf. Court May Discipline State Attorney General for Professional Misconduct, 73 Harv. L. R. 779 (1960).

We therefore decide that unbecoming and immoral conduct adopted by a judge may cause his disbarment or suspension as attorney at law, even if he has ceased as a magistrate on the date the proceedings are commenced.

II

In the report presented, the Master found that in addition to the loan made from Manuel Fernández Corujo, to which the second charge specifically refers, the evidence revealed that the respondent, during his tenure as judge of the District of Carolina, received loans from other persons; in two occasions he made out checks without having sufficient funds at the time of their issuance; and that he intervened in a sale transaction of an immovable, and the proceeds which were trusted to his custody were not deposited at the office of the clerk of the Court.3

[251]*251The respondent has requested the elimination of this part of the report because “that evidence is not related to the charges presented in the complaint and was not an object of proof as far as the respondent and his attorneys remember.” As to the second ground it is sufficient to say that the respondent’s own statement given to the prosecuting attorney sufficiently supports the findings of the Master.4

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Bluebook (online)
82 P.R. 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-liceaga-prsupreme-1961.