Opinion
No. 34,475.
December 24, 1948.
Attorney and client — reopening proceeding for discipline of attorney — weight and sufficiency of additional evidence.
Application to this court by the Minnesota State Bar Association through its attorneys, its president, a member of its board of governors, and the chairman of its Practice of Law Committee to open proceedings for the discipline of Eugene A. Rerat as an attorney at law, before the Honorable Rol E. Barron as referee, for the purpose of presenting additional evidence. Application denied.
See, In re Application for Discipline of Eugene A. Rerat, 224 Minn. 124, 28 N.W.2d 168.
William C. Blethen and Cyrus A. Field (attorneys); Paul C. Thomas (President); Cyrus A. Field (member of Board of Governors and of Practice of Law Committee); and Charles H. Richter (Chairman of Practice of Law Committee), for Minnesota State Bar Association, petitioner.
Mart M. Monaghan, Donald A. Chapman, Walter J. Welch, William A. Tautges, and Roger L. Dell, for respondent.
This is an application by the petitioner to open the above proceeding to present additional evidence before the Honorable Rol E. Barron, the referee, whose report now before us is based upon evidence introduced at a hearing extending from March 8 to April 1, 1948. After careful consideration of the proposed evidence relative to charges presented to the referee, we conclude that such evidence would not change the findings of the referee, before whom the principal proposed witness's deposition was read upon the hearing and who has already indicated that such witness is not entitled to credence. If as suggested by counsel the petitioner has evidence in support of additional charges, the obvious relief as to such charges is to file a petition covering them.
Application denied.
I concur in the result.
I concur in the result.