Anderson, In re, 19110

• Decision Date: 21 October 1970
• Docket Number: No. 19110,19110
• Citation: 255 S.C. 56,177 S.E.2d 130
• Court: South Carolina Supreme Court
• Parties: In The Matter of Joe F. ANDERSON, Respondent.

Page 130

177 S.E.2d 130

255 S.C. 56

In The Matter of Joe F. ANDERSON, Respondent.

No. 19110.

Supreme Court of South Carolina.

Oct. 21, 1970.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Irvin D. Parker, Columbia, for appellant.

W. H. Nicholson, Jr., Greenwood, T. B. Bryant, Jr., Orangeburg, for respondent.

PER CURIAM.

Thomas W. Whiteside, as complainant, filed with the Board of Commissioners on Grievances and Discipline, pursuant to the rule on disciplinary procedure of this court, a verdified complaint against Joe F. Anderson, the respondent herein, a duly licensed attorney, who resides and maintains an office for the practice of law, in Edgefield County, South Carolina. In the complaint it is alleged that the respondent committed acts of misconduct or indulged in practices which tend to pollute or obstruct the administration of justice or to bring the courts and the legal profession in disrepute by depriving Vena Belle Israel of her civil rights by unlawfully having her placed in jail for the purpose of extorting money from her. The respondent duly filed an answer to this complaint.

The Board of Commissioners on Grievances and Discipline, after full hearings, has found the respondent guilty of unprofessional conduct which tends to pollute the administration of justice and brings great discredit upon the Bar of this State and recommends that he be disbarred. Based upon the certified final report of the Board of Commissioners on Grievances and Discipline, such being duly filed with this court, we did, on July 29, 1969, issue an order directing the respondent to show cause before this court, on October 15, 1969, why the report of the said Board should not be confirmed and such disciplinary order as this court may deem proper be issued. This case was heard by us at the appointed time upon the aforesaid report and the return of the respondent thereto.

It appears from the record that one Thames Jamison died on May 6, 1961. He was survived by his widow, Mary Jamison, from whom he was estranged at the time of his death, and by two children of a former marriage, a son, Thames W. Jamison, and a daughter, Mrs. Eleanor Osborne. Thames Jamison left a will in which he appointed Joe F. Anderson as executor. It further appears that Thames Jamison inherited a considerable fortune from his father, who died in 1955. After he had come into his inheritance, he led a dissolute life and completely dissipated his fortune. Jamison owned a home in Edgefield County and also a residence in Mountain Home, North Carolina, where he was residing at the time of his death. Prior to his death he had deeded the home in Edgefield County to his daughter and his farm to his son. Jamison separated from his wife in 1959, and Vena Belle Israel, his paramour, lived with him during the last year of his life at Mountain Home, near Hendersonville, North Carolina. He deeded his residence in North Carolina to Vena Belle Israel. At the time of his death his estate was insufficient to pay the substantial debts that he owed.

When Jamison and Vena Belle Israel took up residence in North Carolina, certain household furniture and other personalty was moved from Edgefield County to North Carolina and it is contended that some of this furniture and personalty was the property of Mary Jamison, as such had been moved at the time of her marriage to Jamison from her home in the State of Georgia to Jamison's home in Edgefield County. A considerable portion of such household furniture and personalty was in the residence in North Carolina at the time of the death of Jamison and, thereafter, was in the possession of Vena Belle Israel.

At the time of the death of Jamison, Vena Belle Israel was the beneficiary named in two of his life insurance policies, one of these policies was with Aetna Life Insurance Company and the beneficiary, upon the death of the insured, was entitled to receive thereunder the amount of $4,747.92. Vena Belle Israel had engaged the services of an attorney in Hendersonville, North Carolina, to assist her in the filing of her claims under the life insurance policies in which she was named beneficiary. There is evidence from which it can be concluded that the respondent knew that Vena Belle Israel was the beneficiary named in the Aetna policy.

The respondent received information, after the death of Jamison, that Vena Belle Israel was in Aiken, South Carolina and that a 1957 Plymouth automobile, which belonged to the estate of Jamison, was in the vicinity of Edgefield County and in the said automobile were various clothing and other personal property. According to the respondent's testimony he had this automobile attached and stored at the Edgefield County Jail. He testified that he also had information that Vena Belle Israel had a trailer in Aiken and such was loaded with furniture and other personal property. The undisputed testimony shows that on May 30, 1961, the respondent on his individual signature, had issued by a Magistrate of Edgefield County a warrant charging Vena Belle Israel with the theft from Mary Jamison of furniture, clothing and miscellaneous article of the value of $1,500.00, the alleged theft having taken place on May 15, 1960. After this warrant was issued, the respondent accompanied the Sheriff of Edgefield County to Aiken, South Carolina, and Vena Belle Israel was arrested upon said warrant by officers of Aiken County. After her arrest she was brought to the Edgefield County Jail where she was confined from May 30, 1961 until June 21, 1961, at which time she was released under the circumstances hereinafter stated. A trailer supposedly loaded with furniture and other personal property was not found.

Vena Belle Israel employed one Howard Williamson, an attorney of Aiken, South Carolina, to represent her and to secure her release from the Edgefield County Jail. This attorney visited his client several times while she was in jail and in an effort to get her released on bond, he discussed the case with the respondent. He was unable to get the amount of the bond fixed for some eight or ten days but finally the respondent suggested a bond of $1,500.00. This attorney failed to obtain his client's release because he was unable to secure a bondsman. This attorney testified that in his opinion it was useless to obtain his client's release on bond inasmuch as the respondent led him to believe that in the event she was released on bond other charges would be placed against her returning her to jail. This attorney further testified that the respondent indicated to him that if Vena Belle Israel would endorse over the aforementioned insurance check, the charges upon which she was being held in jail would be dropped. He further testified that he discussed with Vena Belle Israel the question of delivering the insurance check to the respondent in order to effect her release. However upon her reluctance so to do, it was agreed that she would stay in jail until the grand jury met and if she was indicted they would go to trial; and if not indicted that would dispose of the case.

As is heretofore stated, Vena Belle Israel engaged the services of an attorney in Hendersonville, North Carolina, to assist her in the filing of her claims under the life insurance policies in which she was named beneficiary. When this attorney received a check from Aetna Life Insurance Company in the amount of $4,747.92, he sent such check to the Edgefield County Jail by the Sheriff of Henderson County, North Carolina. The sheriff was to present the check to Vena Belle Israel, obtain her endorsement thereon, and return such check to the attorney in Hendersonville. On being refused permission to see Vena Belle Israel in the Edgefield County Jail, the Sheriff of Henderson County, returned the check to the attorney in Hendersonville, North Carolina. Thereafter, the check was forwarded by registered letter to Vena Belle Israel at the Edgefield County Jail. It appears that on June 19, 1961, a postal employee attempted to deliver such registered letter to Vena Belle Israel at the Edgefield County Jail but was refused admittance by the jailer. A short time later, on the same date, delivery of the registered letter was accomplished by another employee of the Edgefield Post Office.

The record shows that Vena Belle Israel delivered the Aetna insurance check, after endorsing same, to one Robert Smith. The testimony is conflicting as to the instructions given to Smith by Vena Belle Israel. She contends that Smith was to cash the check and return the entire proceeds to her, while Smith contends that he was to receive $600.00, her attorney $400.00, and the rest was to be used to get her out of jail. Smith endorsed the check, gave it to the respondent, receiving from him the sum of $600.00, and delivered the instructions of Vena Belle Israel as to the amount to be paid to Howard Williamson, her attorney, for his services. The respondent endorsed the check that had been delivered to him by Smith, gave Smith $600.00, and paying over to Howard Williamson, in cash, the sum of $400.00. The sum of $250.00 was placed in the estate account of Jamison. The balance of the check was deposited to the personal account of the respondent where it remained until disbursed by him as is hereinafter stated.

It appears that Vena Belle Israel returned to South Carolina in a 1957 Plymouth automobile which belonged to the estate of Jamison. This automobile was attahced by the respondent, as executor of the estate of Jamison. The equity of the estate in the automobile was appraised at $250.00 and this amount was deposited in the respondent's account, as executor of the Jamison estate, and the automobile released to Vena Belle Israel.

The record shows that after the respondent had received the above check, Vena Belle Israel was released from the Edgefield County Jail upon notification to the sheriff's office either by the magistrate or the respondent, or both, that the case...