Summary
recognizing that "[a]lthough the respondent is presumed innocent until he has been proved guilty of the criminal charges pending against him, his right to continue the practice of law in the interim is not in the public interest"
Summary of this case from Reiner's CaseOpinion
No. 4588.
Argued May 8, 1957.
Decided May 8, 1957.
1. The Supreme Court has inherent power to take reasonable and expeditious action in the suspension or removal of members of the bar for the protection of the public as well as for the maintenance of public confidence in the bar as a whole.
2. Where a member of the bar was arraigned before a municipal court upon charges of embezzlement, to which he pleaded not guilty, and was bound over to the next term of the Superior Court, the public interest required that he be indefinitely suspended from the practice of law pending final determination of the charges against him.
3. A prayer for disbarment in such case was held in abeyance pending final adjudication of the embezzlement charges against him.
PETITION, filed in this court by J. Leonard Sweeney, in his capacity as President of the Bar Association of the State of New Hampshire, praying that Charles H. Barnard of Manchester be suspended from practice and removed from office as an attorney pursuant to RSA 311:8. On July 13, 1933, the respondent was admitted to practice as an attorney in this state (RSA 311:2) at which time he took and subscribed his oath of office. RSA 311:6. The petition alleges that on April 23, 1957, the respondent was arraigned before the municipal court of Manchester on three counts of embezzlement, upon which he entered pleas of not guilty and was bound over to the September term of the Hillsborough County Superior Court. The petition further alleges that "it is not in the public interest that he be permitted to continue the practice of" law. The petition seeks an order that "Charles H. Barnard be immediately suspended from practice and removed from office as an attorney . . . . "
The respondent's answer states that he has withdrawn from active practice and has requested each of his former clients to obtain other counsel and that he will not engage in the practice of law pending final determination of the charges against him. The answer contains the following concluding allegation: "Whether it is in the public interest that Charles H. Barnard be disbarred prior to grand jury action and before a disposition of the charges presently pending and in the absence of further allegations seems questionable."
The petition in this case was filed April 30, 1957, respondent's answer was filed May 7, 1957, and hearing thereon was held May 8, 1957.
J. Leonard Sweeney, pro se and Louis C. Wyman, Attorney General (Mr. Sweeney and Mr. Wyman orally), for the petitioner.
Sheehan, Phinney, Bass, Green Bergevin (Mr. Bergevin orally), for the respondent.
This court has the inherent power to take reasonable and expeditious action in the suspension or removal of members of the bar for the protection of the community. Harrington's Case, 100 N.H. 243, 244; Ricker's Petition, 66 N.H. 207, 211. In the exercise of this power this court has the obligation to make appropriate disciplinary orders "for the protection of the public, as well as for the maintenance of public confidence in the bar as a whole." Welanko's Case, 99 N.H. 413, 414.
Although the respondent is presumed innocent until he has been proved guilty of the criminal charges pending against him, his right to continue the practice of law in the interim is not in the public interest. Delano's Case, 58 N.H. 5, 6; Moore's Case, 98 N.H. 324, 327; anno. 76 A.L.R. 674. While the respondent indicates that he will not practice law during that time, the public is entitled to an order that he shall not. Accordingly, the respondent is immediately and indefinitely suspended from the practice of law pending further order of this court and the prayer of the petition for disbarment (RSA 311:8) will be held in abeyance pending final adjudication of the criminal charges against him.
So ordered.
All concurred.