In Re Woodward

300 S.W.2d 385, 1957 Mo. LEXIS 748
CourtSupreme Court of Missouri
DecidedApril 8, 1957
Docket45324
StatusPublished
Cited by20 cases

This text of 300 S.W.2d 385 (In Re Woodward) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Woodward, 300 S.W.2d 385, 1957 Mo. LEXIS 748 (Mo. 1957).

Opinion

EAGER, Judge.

.The information in this cause was filed by’ leave in this court on December 13, 1955, by the members of the Bar Committee for the Eighth Judicial Circuit; therein they seek the disbarment of respondent, Robert Yeager Woodward. The information is in ten counts. Mr. Woodward will hereinafter be referred to as the respondent; his office has been in the City of St. Louis. A citation was duly issued to respondent and thereafter he filed sundry motions which the court overruled. Answer was then filed, and in so far as it may be necessary in discussing the issues, that answer will be referred to.

Count I of the information charges that respondent had, for the past 7 years and prior thereto, followed the practice or custom, "as a course of conduct, of accosting persons appearing in the corridors of the Municipal Courts Building * * * in the City of St. Louis, Missouri, for the purpose of soliciting such persons to employ him in cases pending in said Municipal Courts.” Counts II-IX, inclusive, charge specific solicitations of various persons, respectively, to-wit: Henry Rosenblum, John Francis Cronin, Jr., Theodore Mc-Millian, Edward T. Willman, Fred Puckett, Oliver Winston Pierce, John C. Whitman and Ronald Gerhardt. The Puckett Count (VI) also charges a failure by respondent to perform the duties incumbent upon him when employed, in that he permitted a default against his client. Count X charges that in January and March, 1947, respondent mailed to sundry persons in the City of St. Louis postal cards containing such statements as “Republican City Court Ring — Nazi—Fascist Spirit”; “2nd Inquisition Corr(eg)idor”; “Perjury — Duress-— 100% Pure Kangaroo.” In general, respondent denied all the charges, except as to the mailing of the post cards, which he sought to explain; he further asserted his constitutional right of free speech as a justification for talking to any and all people in the Municipal Courts Building. Certain incidental defenses and contentions will be referred to later.

The investigation by the Bar Committee was begun prior to April 23, 1948; the original investigation involved the mailing of the post cards and certain complaints not now in issue. Respondent was present in person on that date and was represented by counsel. In the course of the questioning and discussion, respondent admitted mailing 25,000-30,000 of such cards, of 30 or 31 different types, and admitted that he had done “a damn fool silly thing,” but he also sought to excuse his action as a political activity. The committee then told him that it had also received prior complaints concerning him, but that all proceedings to that point were secret; it'was also stated that, in view of his attitude and his statements to the committee, the latter would “continue the case generally,” relying upon him to follow the rules, to refrain from solicitation, and to conduct himself properly. However, the committee also informed him then that there was no- limitation on any of the charges, and that they could and would be revived if further offenses were committed. Thereafter from time to time additional complaints were-received by the committee and additional hearings held, periodically, from October 28, 1949, to December 10, 1955; during that period or immediately prior thereto, six of the present complaints originated. In most instances informal investigatory hearings were first held before the com *387 mittee, but in all instances now involved, respondent was thereafter given due notice and a copy of the transcribed evidence, followed by formal hearings and a full opportunity to cross-examine all witnesses who had given testimony against him. See Rule 5.03. 42 V.A.M.S. Respondent was consistently given an opportunity to produce evidence in his own behalf; he did testify himself, and made many oral statements which appear to have been considered, informally, as evidence. The evidence brought here consists of one volume of 378 pages, and eight smaller volumes. It is obvious that we may not, within the normal scope of an opinion, review each and every charge in detail. As a preface to any review of the evidence, we may state that every charge, except Count X, is based upon alleged solicitation in the corridor of the Municipal Courts Building, and that all the persons supposedly solicited were, with the exception of Theodore McMillian, ones having actual traffic tickets or some other form of summons to appear in a City Court.

Following the filing of the answer, this court appointed the Honorable John W. Calhoun as Special Commissioner to hear evidence and to report his findings of fact and conclusions of law. The Informants, by counsel, and respondent in person appeared before him and called attention to a prior written stipulation that the cause should be submitted to him on the written transcripts of the evidence theretofore taken at the various hearings before the Committee, the exhibits, and the statements there made; upon the offer of the Committee to introduce its records to show compliance with all formal requirements (a right reserved in the stipulation) respondent conceded “that all proceedings before the Committee were in due form, * * * and that every matter pending before the Commissioner at this time is properly before him under the Rules * * Before proceeding to the merits of the respective charges, we note the repeated insistence of respondent that on one or more older charges which were “continued generally” by the Bar Committee he should be peremptorily discharged, citing Rule 5.03. As indicated above, he was fully informed on this subject at the time of the original hearings. It appears to us that the Committee was, to use a homely phrase, “trying to give him a break,” which he did not at the time and does not now appreciate. There is no statute of limitations in such proceedings; respondent was periodically, if not continuously, made aware of the filing and hearing of new complaints against him from 1948 to December, 1955. In determining from all the evidence whether there was probable cause to believe respondent guilty of professional misconduct, the Committee could properly consider all matters in which respondent had received due notice and had been afforded the right of cross-examination. His motion to dismiss was properly overruled.

The Special Commissioner has filed a full and comprehensive report in which he finds respondent not guilty of the charges embraced in Counts I to V, inclusive, but guilty of the remaining charges. He has recommended a suspension from practice for the period of one year. We shall not be able to review or digest these findings in the present opinion, but we have considered them fully. It is the duty of this court in such a case to make its own findings, the report of the Commissioner being advisory. In certain respects we are constrained to differ with the Commissioner. The evidence here was voluminous, and perhaps it was impracticable to produce the various witnesses anew before the Commissioner; however, the necessary effect of stipulating that he should hear no oral testimony, but should determine the matters upon the evidence heard by the Committee, deprives this court entirely of the benefit of the impressions, views and findings of the Commissioner on the credibility of witnesses, as based upon their appearance and conduct. In any such case the Commissioner is in no better position *388 to judge of credibility than are we. Generally speaking, that practice is not to be encouraged.

We shall now consider the various counts on the merits, as briefly as may be.

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Bluebook (online)
300 S.W.2d 385, 1957 Mo. LEXIS 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-woodward-mo-1957.