Opinion
Submitted January 24, 1962
Disbarred March 28, 1962
Leo Levenson, Portland, filed a brief for petitioner.
Donald F. Myrick, and Charles A. Telfer, Grants Pass, filed a brief for the Oregon State Bar.
Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.
IN BANC
On petition of accused to review the decision and recommendation of the Board of Governors of the Oregon State Bar.
ACCUSED PERMANENTLY DISBARRED.
The license of the defendant O.H. Bengtson to practice law was suspended on January 31, 1961 pursuant to our Rule I, because of his conviction of a felony on October 12, 1960. This matter is now before us upon the recommendation of the Board of Governors of the Oregon State Bar that defendant be permanently disbarred.
Rule I. "Whenever it appears to the Supreme Court that any member of the bar has been convicted of a misdemeanor involving moral turpitude or of a felony, the Court may summarily suspend such member. * * *"
The original complaint filed in September, 1960 accused defendant of numerous charges of misconduct, including several charges of larceny by embezzlement. In a supplemental complaint the bar alleged that on October 12, 1960 defendant was convicted in the circuit court for Jackson county of the crime of larceny by embezzlement and sentenced to three years in the state correctional institution. In his answer defendant admitted that he was so convicted and sentenced, but alleged that he had appealed his conviction to this court. The judgment in that case was affirmed by this court, a petition for rehearing was denied and the judgment is now final. State v. Bengtson, 73 Adv Sh 987, 330 Or. 19, 367 P.2d 363.
In a second supplemental complaint the bar alleged that on January 13, 1961 defendant was convicted in the circuit court for Josephine county of the crime of larceny by embezzlement and sentenced to serve two years in the penitentiary, with the sentence to follow consecutively the sentence imposed in the Jackson county case. Again defendant answered, admitting the conviction and alleging that he had appealed to this court from said judgment. The appeal from the second conviction is still pending.
The trial committee and the Board of Governors found defendant guilty of most of the charges against him, and have recommended permanent disbarment. It is not necessary to burden the record with a consideration of all the charges of which defendant was found guilty. His conviction of the crime of larceny by embezzlement in the circuit court for Jackson county and the affirmance of that judgment on appeal require that defendant be permanently disbarred, regardless of the decision in the appeal of the second conviction of a similar crime and regardless of our disposition of the other charges against him. This court has uniformly disbarred attorneys guilty of embezzlement, both when such defalcations resulted in conviction of a crime, In re Sylvan J. Fritts, 217 Or. 50, 341 P.2d 555 (1959) (conversion); In re Elmer G. Baldwin, 209 Or. 35, 303 P.2d 943 (1956) (larceny by embezzlement); Conduct of R.H.C. Bennett, 201 Or. 237, 269 P.2d 490 (1954) (larceny by bailee); Conduct of William Y. Powell, 201 Or. 238, 269 P.2d 512 (1954) (larceny by embezzlement); and when the defalcations did not result in criminal prosecution. In re Celia L. Gavin, 74 Adv Sh 341, 230 Or. 187, 369 P.2d 133 (1962) (commingling; misappropriation); In re Chester R. Sloniger, 224 Or. 276, 355 P.2d 975 (1960) (conversion); In re William E. Fuller, 223 Or. 561, 355 P.2d 256 (1960) (conversion of public funds); In re Otto W. Heider, 217 Or. 134, 341 P.2d 1107 (1959) (commingling; conversion); In re Hannon, 214 Or. 51, 324 P.2d 753 (1958) (conversion); In re Reinmiller, 213 Or. 680, 719-725, 325 P.2d 773 (1958) (inter alia, misappropriation); In re David C. Pickett, 209 Or. 33, 303 P.2d 943 (1956) (misappropriation); In re Walter Lamar Townsend, 207 Or. 369, 296 P.2d 931 (1956) (conversion).
The defendant is permanently disbarred and the Oregon State Bar shall have judgment for its costs and disbursements herein.