In re Proceedings for the Disbarment of Robinson

92 P. 929, 48 Wash. 153, 1907 Wash. LEXIS 878
CourtWashington Supreme Court
DecidedDecember 26, 1907
DocketNo. 7095
StatusPublished
Cited by21 cases

This text of 92 P. 929 (In re Proceedings for the Disbarment of Robinson) is published on Counsel Stack Legal Research, covering Washington 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 Proceedings for the Disbarment of Robinson, 92 P. 929, 48 Wash. 153, 1907 Wash. LEXIS 878 (Wash. 1907).

Opinions

Crow, J.

On September 26, 1907, this court dismissed an appeal in cause No. 6800, entitled “In re Estate of John Sullivan, Deceased. Marie Carrau, appellant, v. Edward Corcoran et al., respondents.” On October 28, 1907, J. W. Robinson, as attorney for the appellant, filed a petition for rehearing, containing the following language:

“When I started to dictate this petition for rehearing, I intended to place herein the facts as to the rumors which had become common property of the public in the City of Seattle, at the time and shortly after the motion to dismiss this appeal was filed in May, 1907, claiming and pretending to know in advance, which of the honorable members of this court were to vote to dismiss this appeal, and the names of four of the members of this court were bandied from mouth to mouth in public, who it was alleged, for political reasons, were to dismiss this appeal, involving an estate worth more than a million dollars, one-half of which, as shown upon the records in this court for years past, belonged or would belong to the political ring who has controlled the politics of this state for years and under whose influence and direction it was stated certain members of this honorable court were nominated to their present exalted position, and the head of which ring was in position to control with the president of the United States the Federal patronage in the State of Washington, which included in the very near future the position of our circuit and two United States district judges, for which positions members of this court had been agreed upon, and that this rumor was such common property in Seattle as well as in other portions of the state, that business men and citizens of integrity feeling humiliated that any person would dare make such a suggestion or such a statement about the judges of [155]*155the highest court in this state, that they were demanding that a grand jury investigate the litigation and the people including the courts, connected with the litigation and distribution of the Sullivan estate. And while we fully realize that this honorable court and its members are practically powerless to meet such assaults, and that its dignity ordinarily will not allow or permit its members to recognize such slander, it is nevertheless true that this honorable court in passing upon this motion to dismiss this appeal had the opportunity, and as we believe it was its duty to itself and to each member of the court, and to the good name of the court and the good people of this state, and as a complete and perfect answer to all that was being said in the exercise of the court’s powers to dismiss an appeal for failure to do something which did not go to or affect the jurisdiction of the court, to have resolved every doubt in favor of hearing the same, and thus wiped out every slander in the exercise of its discretion, and said that it would hear this appeal upon its merits, thus giving the world to know that it was far from such politics.
“And barring absolutely the personal interest and selfishness of litigants and counsel, and we submit that it became the duty of this honorable court, as sacred and conscientious as any responsibility which ever rested upon them, to deny this motion and hear this appeal upon its merits, which was the only method in harmony with its dignity under the circumstances. And the influence of such a decision in the face of the poison, slander and infamy, which has been heaped upon certain members of the court, would have had the best possible influence upon the good the supreme court of the State of Washington may do for the next third of a century. This is an age when corruption and political graft have become so almost universal in official life, as viewed and believed by the masses, that no opportunity to disabuse the mind of such ought to be overlooked by the courts.
“It is possible that the members of this honorable court do not know of that which started as gossip, then grew into rumor, and then to positive statements and to a fixed belief in the minds of very many people until it became the common property of all, heard upon the streets, in the hotels and in every social gathering; but if this honorable court, or any member of it, has any doubt as to this condition or the names of the members of this honorable court of whom these thin a-s [156]*156have been said, all they are required to do is to ask some intimate friend in Seattle to investigate and in confidence to report, and they will find that their names, and what has been claimed, and what is alleged they have pledged to do in advance, concerning this appeal and its dismissal, will have been in the mouths of the best business and professional people in Seattle, as well as in the mouths of the uneducated bootblack and bellboy.
“This petition for rehearing, while it is filed in a public office does not become public property, and the public knows nothing of what is said in these petitions, unless those who file them or some other person desire they should get to the public; and so these words are said to the court without any desire in the remotest degree to reflect upon the court; but these sentences are dictated because of a high sense of duty in harmony with a high ideal of courts and judges, and with the statement that it is said with the greatest respect for this honorable court, and with ■ the hope that some action may be deemed proper to the end that such conditions and those causing them may be not overlooked or forgotten.”

On November 16, 1907, an order was entered^ directing the attorney general to institute proper proceedings, citing said J. W. Robinson to appear and show cause why, for his offense in using such language, his name should not be removed from the roll of attorneys admitted to practice law in the state of Washington. Being duly cited, the respondent appeared in person and by attorney, and filed a verified answer, in which he in substance alleged that he was enrolled as an attorney of this court in July, 1883; that it has at all times since been his purpose to uphold the dignity, good name, and independence of the courts; that he admits the writing and filing of the petition containing the language above quoted; that in using such language he had no thought or intention of being insolent or disrespectful toward this court; that the language was hastily dictated, but two days prior to the expiration of the time for filing the petition; that it was hurriedly transcribed and submitted without opportunity to consult his associate counsel; that in none of the language used [157]*157did he intend to induce this court, by other than what he considered legitimate argument, to decide in his favor; that the proceeding wherein the petition was filed was one of arduous litigation, extending over a period of seven years, and of vast importance to his client; that the rumors mentioned had come to his knowledge, weighed on his mind, annoyed him both on account of his case and also on account of the feeling he entertained for the good name of this court; that at no time prior to the order of this court directed to the attorney general, had it occurred to him that the language might be thought contemptuous or in any way disrespectful to this court or any of its members; that he now accepts the action of the court as holding that the language may be susceptible of such construction; that he respectfully asks permission to expunge the same, and that he now offers to, and does, apologize to this court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Cook
525 P.2d 761 (Washington Supreme Court, 1974)
In Re Meeker
414 P.2d 862 (New Mexico Supreme Court, 1966)
In Re the Proceedings for the Disbarment of Beakley
107 P.2d 1097 (Washington Supreme Court, 1940)
State Ex Rel. Olson v. Langer
256 N.W. 377 (North Dakota Supreme Court, 1934)
In Re Proceedings Against Richards for Disbarment
63 S.W.2d 672 (Supreme Court of Missouri, 1933)
Ex Parte Thompson
152 So. 229 (Supreme Court of Alabama, 1933)
In Re Steen
134 So. 67 (Mississippi Supreme Court, 1931)
In Re the Disbarment of Bailey
248 P. 29 (Arizona Supreme Court, 1926)
Higgins v. Burton
232 P. 914 (Utah Supreme Court, 1924)
In re the Proceedings for the Disbarment of Bruen
102 Wash. 472 (Washington Supreme Court, 1918)
State ex rel. Lewis County Bar Ass'n v. Willis
163 P. 737 (Washington Supreme Court, 1917)
State ex rel. Wood v. Raynolds
22 N.M. 1 (New Mexico Supreme Court, 1916)
State v. Kirby
154 N.W. 284 (South Dakota Supreme Court, 1915)
State Bar Commission Ex Rel. Williams v. Sullivan
1912 OK 527 (Supreme Court of Oklahoma, 1912)
State ex rel. Thatcher v. Brough
23 Ohio C.C. Dec. 257 (Lucas Circuit Court, 1912)
In re Egan
123 N.W. 478 (South Dakota Supreme Court, 1909)
In re Thatcher
80 Ohio St. (N.S.) 492 (Ohio Supreme Court, 1909)
State Board of Law Examiners v. Hart
116 N.W. 212 (Supreme Court of Minnesota, 1908)

Cite This Page — Counsel Stack

Bluebook (online)
92 P. 929, 48 Wash. 153, 1907 Wash. LEXIS 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-proceedings-for-the-disbarment-of-robinson-wash-1907.