Moyerman's Case

10 Citing cases

  1. Matter of Leopold

    469 Pa. 384 (Pa. 1976)   Cited 21 times

    We believe that adherence to a lenient disciplinary process, in light of the oath each attorney takes as an officer of the Court and the high ethical standards the profession subscribes to, would be contrary to the acknowledged goals of protecting the public, the professional and the Court from those individuals not fit to be members of the bar. See Moyerman's Case, 312 Pa. 555, 167 A. 579 (1933). Petitioner here contends that the Disciplinary Board failed to allot adequate consideration to his reformation which occurred subsequent to the incident giving rise to these disbarment proceedings.

  2. Matter of Silverberg

    459 Pa. 107 (Pa. 1974)   Cited 18 times
    Explaining how basic gist of Justice Black's concurrence in Grunewald motivated full Court in Griffin

    The Act of May 19, 1879, P.L. 66, § 1, 17 Pa.C.S.A. § 1663 (1962), vests in this Court the duty to review attorney discipline cases de novo. See n. 3 supra; Krehel Appeal, 419 Pa. 86, 213 A.2d 375 (1965); Schlesinger Appeal, 404 Pa. 584, 172 A.2d 835 (1961); Moyerman's Case, 312 Pa. 555, 167 A. 579 (1933). However, where, as here, we find constitutional error in the admission of crucial evidence, we deem it consistent with justice and equity, see 17 Pa.C.S.A. § 1663, to remand rather than to attempt to decide these questions on the cold and diminished record.

  3. Smith Disbarment Case

    101 A.2d 710 (Pa. 1954)   Cited 2 times

    We therefore have no other course than to find that he lacks those traits or character which have to do with fidelity, veracity, honesty, and integrity, and that without the mandate of the Act of 1834, imposing a definite duty upon us, which the respondent himself classified as "ineffective, obsolete" and "old fashioned law," we would, nevertheless, as protection to the public and, indeed, to himself, be required to strike him from the roll of this Court, being one who has violated the canons of ethics and his oath of office requiring him to conduct himself with fidelity both to his clients and to the Court. See Moyerman's Case, 312 Pa. 555 (1933); Montgomery County Bar Association v. Rinalducci, 329 Pa. 296 (1938); Degillio v. Board of Governance, 345 Pa. 73 (1942). Respondent appealed.

  4. McLaughlin v. Phila. Newspapers

    465 Pa. 104 (Pa. 1975)   Cited 22 times
    Noting Supreme Court first recognized limited constitutional right of access in Branzburg v. Hayes, 408 U.S. 665

    In fact, courts must exercise this power in order to maintain the public trust in the judicial process. In Moyerman's Case, 312 Pa. 555, 564, 167 A. 579, 583 (1933), we stated: "The law is an ancient and honorable profession.

  5. Berlant Appeal

    458 Pa. 439 (Pa. 1974)   Cited 66 times
    Concurring and Dissenting Opinion by MANDERINO, J.

    Moreover, the sanctions arising from such proceedings — censure, suspension, or disbarment — are not primarily designed for their punitive effects, but for their positive effect of protecting the public and the integrity of the courts from unfit lawyers. See Moyerman's Case, 312 Pa. 555, 563, 167 A. 579 (1933). While we recognize the severe impact that such sanctions may have on an individual's career, we are also mindful of our duty to uphold the quality and integrity of the Bar.

  6. In the Matter of Shigon

    462 Pa. 1 (Pa. 1974)   Cited 27 times

    Krehel Appeal, 419 Pa. 86, 89, 213 A.2d 375 (1965); Lemisch's Case, 321 Pa. 110, 116, 184 A. 72 (1936). We are also mindful of our statement in Moyerman's Case, 312 Pa. 555, 562, 167 A. 579 (1933), derived from many precedents and repeated in Samuel W. Salus's Case, 321 Pa. 103, 184 A. 69, 70 (1936): ". . . in no class of cases are the findings of the trial court, based upon the evidence, of more persuasive influence upon an appellate court than in a case such as this, involving the integrity of a member of the bar.

  7. Schofield Discipline Case

    362 Pa. 201 (Pa. 1949)   Cited 24 times

    The non-action of the trial judge does not require this Court to dismiss the Attorney General's complaint. A contempt proceeding for misbehavior in court is designed to vindicate the authority of the court; on the other hand the object of a disciplinary proceeding is to deal with the fitness of the court's officer to continue in that office, to preserve and protect the court and the public from the official ministration of persons unfit or unworthy to hold such office. Chernoff's Case, 344 Pa. 527, 26 A.2d 335 (1942); Moyerman's Case, 312 Pa. 555, 167 A. 579 (1933); Wolfe's Disbarment, 288 Pa. 331, 135 A. 732, 50 A.L.R. 380 (1927); Barach's Case, 279 Pa. 89, 123 A. 727 (1924); In re Oliensis, 26 Pa. Dist. 853 (1917); Ex Parte Wall, 107 U.S. 265, 2 S.Ct. 569, 27 L.Ed. 552 (1882); 7 C.J.S., Attorney and Client, Section 28. Compare Stone v. Board of Governance, 312 Pa. 576, 168 A. 473 (1933). It is because this distinction is well recognized that we find it unnecessary to discuss that part of the record stating what followed immediately after the retirement of the jury to deliberate upon its verdict. It appears that the deputy attorney general then called attention to the trial judge's reference to respondent's "affront to the court" on the day before; that respondent replied at some length and suggested "that inasmuch as this case is not over and may require further action on the part of defense counsel, especially if the jury would want any further instructions, that any further proceedings along those lines should naturally be postponed until af

  8. Kraus's Case

    322 Pa. 362 (Pa. 1936)   Cited 9 times
    Making restitution is a mitigating factor, but does not purge offense

    We are charged by the Act of May 19, 1879, P. L. 66, Sec. 1, with the duty of reviewing the record, but we have often stated that the conclusions of the trial court are more persuasive upon us in cases of this type than in any other, since "the court of first instance knows the lawyer, his standing, character, credibility and fidelity to trust in a way we cannot." See Dixon v. Minogue, supra; Moyerman's Case, 312 Pa. 555; Samuel W. Salus' Case, 321 Pa. 103. If there is evidence in support of the fact of misconduct on which the disbarment order was made, this court will not interfere. After careful review of this entire record we are unable to discover any error in the findings of the court below or in the order here appealed. The facts show that in four separate cases appellant used monies to which his clients were entitled.

  9. Samuel W. Salus's Case

    184 A. 69 (Pa. 1936)   Cited 7 times

    We need not comment on this further. We have reviewed the case and as stated in Moyerman's Case, 312 Pa. 555, "In no class of cases are the findings of the trial court, based upon the evidence, of more persuasive influence upon an appellate court than in a case such as this, involving the integrity of a member of the bar. Where, as in this case, there is sufficient evidence to warrant its conclusions we will be slow to interfere.

  10. Lemisch's Case

    184 A. 72 (Pa. 1936)   Cited 12 times

    Where agreements between attorneys and reputed criminals to violate the law have been shown to exist, we have not hesitated to disbar: Stone v. Board of Governance, 312 Pa. 576; Wolfe's Disbarment, 288 Pa. 331. We are required in disbarment cases by the Act of 1879, P. L. 66, to review the record and proceedings therein de novo. What we have said in other cases as to the findings of the court below need not be here repeated: Moyerman's Case, 312 Pa. 555; Smith's App., 179 Pa. 14. While a preponderance of the evidence is necessary to establish an attorney's unprofessional conduct and the proof of such conduct should be clear and satisfactory ( Flanders v. Keefe, 108 Wis. 441; State Board of Examiners v. Dodge, 93 Minn. 160; Houghton's Disbarment, 67 Colo. 511; People v. Silha, 252 Ill. 385), in this case, the logical inference that appellant was in league with organized crime is as weighty as any direct evidence could be. We are mindful that the power to disbar must be exercised with the "utmost care."