In re McBride

164 Ohio St. (N.S.) 419
CourtOhio Supreme Court
DecidedJanuary 11, 1956
DocketNo. 34456
StatusPublished

This text of 164 Ohio St. (N.S.) 419 (In re McBride) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re McBride, 164 Ohio St. (N.S.) 419 (Ohio 1956).

Opinion

Zimmerman, J.

Section 1707, General Code (Section 4705.02, Revised Code), reads as follows:

“The Supreme Court, Court of Appeals or Court of Common Pleas may suspend or remove an attorney at law [from office] or may give private or public reprimand to him as the nature of the offense may warrant, for misconduct or unprofessional conduct in office involving moral turpitude, or for conviction of a crime involving moral turpitude. Such suspension or removal shall operate as a suspension or removal in all the courts of the state of Ohio. # * * Judges of such state courts are required to cause proceedings to be instituted against an attorney at law, when it comes to the knowledge of any judge or when brought to his knowledge by the bar association of the county in which such attorney practices that he may be guilty of any of the causes for suspension, removal or reprimand.” (Emphasis supplied.)

An important question in this case which should be squarely [422]*422met and definitely decided is whether the statutory causes for the suspension, removal or reprimand of an attorney at law are exclusive and binding on the courts. There is language in the opinion in the case of In re Hawke, 107 Ohio St., 341, 349, 350, 140 N. E., 583, 585, which would indicate that the above question should be answered in the affirmative, but this court definitely held in the first two paragraphs of the syllabus in the case of In re Thatcher, 80 Ohio St., 492, 89 N. E., 39, that the Supreme Court of Ohio has inherent jurisdiction to disbar an attorney as an incident of its organization as a court as well as from its power to admit to the bar, and, furthermore, that Section 563, Revised Statutes (Section 1707, G-eneral Code; Section 4705.02, Revised Code), is but a regulative provision which does no more than recognize the existing power of the courts.

In othér later cases this court has said that the power to admit attorneys to the practice of law and to suspend, disbar or otherwise discipline them rests inherently in the judicial branch of the government. State, ex rel. Turner, Atty. Genl., v. Albin, 118 Ohio St., 527, 161 N. E., 792; Land Title Abstract & Trust Co. v. Dworken, 129 Ohio St., 23, 193 N. E., 650; Judd v. City Trust & Savings Bank, 133 Ohio St., 81, 12 N. E. (2d), 288. And see State, ex rel. Thatcher, v. Brough, 15 C. C. (N. S.), 97, 23 C. D., 257, affirmed without written opinion in 90 Ohio St., 382, 108 N. E., 1133.

Upon admission to the bar lawyers become officers of the courts in which they are authorized to practice and are responsible to the courts wherein they are such officers for professional misconduct.

The holding of this court in In re Thatcher, supra, finds abundant support in numerous cases from other jurisdictions. The matter is well stated in the case of In re Richards, 333 Mo., 907, 915, 63 S. W. (2d), 672, 675, as follows:

“It is not always easy to determine what objects are naturally within the range or orbit of a particular department of government, but it will scarcely be denied that a primary object essentially within the orbit of the judicial department is that courts properly function in the administration of justice, [423]*423for which purpose they were created, and in the light of judicial history they cannot long continue to do this without power to admit and disbar attorneys who from time immemorial have in a peculiar sense been regarded as their officers. Since the object sought is not naturally within the orbit of the legislative department the power to accomplish it is in its exercise judicial and not legislative, although in the harmonious co-ordination of powers necessary to effectuate the end and aim of government it may be regulated by statute to aid in the accomplishment of the object but not to frustrate or destroy it.”

Later on in the opinion it is remarked, “The great weight of authority is that statutory grounds of disbarment are not exclusive.” Among the cases cited in substantiation of this statement is In re Thatcher, supra.

In State Bar Commission, ex rel. Williams, v. Sullivan, 35 Okla., 745, 763, 131 P., 703, 711, L. E. A. 1915D, 1218, the observation is made:

“While the statutes of many of the states authorize the suspension or removal of attorneys upon specified grounds, it has generally been held that such statutes do not restrict the general powers of the court over attorneys, who are its officers, and that they may be removed for other than statutory grounds. ’ ’

Likewise, in In re Keenan, 313 Mass., 186, 196, 47 N. E. (2d), 12, 21, the Supreme Judicial Court of Massachusetts said:

“Statutes purporting to regulate admission to the bar * * * are to be interpreted as ‘making provision in aid of the judicial department in reaching a proper selection of those qualified for admission as attorneys to practice in the courts.’ * * * And statutes stating the grounds upon which an attorney may be disbarred also are to be so interpreted, and are not to be interpreted as limiting the grounds for disbarment.”

Of similar import are the cases of Collins v. Godfrey, Admr., 324 Mass., 574, 87 N. E. (2d), 838; In re Mills, 1 Mich., 392; In re Hartford, 282 Mich., 124, 275 N. W., 791; Delano’s Case, 58 N. H., 5, 42 Am. Rep., 555; Ruckenbrod v. Mullins, 102 Utah, 548, 133 P. (2d), 325, 144 A. L. R., 839; and In re Lambuth, 18 Wash., 478, 51 P., 1071, to which many more could be added.

[424]*424The term, “moral turpitude,” as it relates to the professional conduct of an attorney has been interpreted differently by different courts. To the Supreme Court of Nevada (State, ex rel. Conklin, v. Buckingham, Clerk, 59 Nev., 36, 84 P. [2d], 49) it means “an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen or to society in general,” whereas to the Supreme Court of California (Stanford v. State Bar of California, 15 Cal. [2d], 721, 104 P. [2d], 635) it means “an act of an attorney which is contrary to honesty and good morals.” For other definitions see In re Pearce, 103 Utah, 522, 527, 136 P. (2d), 969, 971.

Since, in our view, the statutory grounds for the suspension or disbarment of an attorney are not exclusive and are not strictly binding on the courts, other serious unprofessional and unethical conduct may be the basis for court proceedings to reprimand, suspend or disbar.

In the case of In re Information to Discipline Certain Attorneys, 351 Ill., 206, 225, 184 N. E., 332, 341, the court had the following to say:

“Attorneys are officers of the court and as such are charged with a duty to avoid conduct tending to bring the profession into disrepute. * * * In all cases where it appears that the attorney is an unsafe or unfit person to be trusted as an attorney, this court has the power and it is its duty, to strike his name from the roll. * * * Unprofessional conduct in a lawyer is that which violates the rules or ethical code of his profession or which is unbecoming a member of that profession.

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In Re Disbarment of John D. Greathouse
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In Re Disbarment of Ithamar Tracy
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In Re Proceedings Against Richards for Disbarment
63 S.W.2d 672 (Supreme Court of Missouri, 1933)
State Ex Rel. Conklin v. Buckingham
84 P.2d 49 (Nevada Supreme Court, 1938)
State Ex Rel. Turner v. Albin
161 N.E. 792 (Ohio Supreme Court, 1928)
Land Title Abstract & Trust Co. v. Dworken
193 N.E. 650 (Ohio Supreme Court, 1934)
Judd v. City Trust & Savings Bank
12 N.E.2d 288 (Ohio Supreme Court, 1937)
In Re Durham
1942 OK 198 (Supreme Court of Oklahoma, 1942)
State Bar Commission Ex Rel. Williams v. Sullivan
1912 OK 527 (Supreme Court of Oklahoma, 1912)
In Re Pearce
136 P.2d 969 (Utah Supreme Court, 1943)
Ruckenbrod v. Mullins
133 P.2d 325 (Utah Supreme Court, 1943)
In re Proceedings for the Disbarment of Lambuth
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In re Keenan
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Bluebook (online)
164 Ohio St. (N.S.) 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mcbride-ohio-1956.