Barron, In re
| Decision Date | 25 May 1971 |
| Docket Number | No. 13082,13082 |
| Citation | 155 W.Va. 98,181 S.E.2d 273 |
| Court | West Virginia Supreme Court |
| Parties | In the Matter of William Wallace BARRON, an Attorney. |
1. Conviction of a charge of conspiracy to commit bribery and of a charge of bribery of a juror in violation of Title 18, Sections 1503, 371, 201(b) and 2, United States Code, is a conviction involving moral turpitude.
2. 'Section 23, Part E., Article VI of the By-Laws of the West Virginia State Bar imposes upon any court before which an attorney had been qualified a mandatory duty to annul the license of such attorney to practice law upon proof that he has been convicted of any crime involving moral turpitude.' Point 2, syllabus, In The Matter of Fletcher W. Mann, 151 W.Va. 644 (154 S.E.2d 860).
John O. Kizer, Charleston, for Legal Ethics Committee of the West Virginia State Bar.
In this proceeding instituted by the Committee on Legal Ethics of the West Virginia State Bar, herein sometimes referred to as the Committee, pursuant to the provisions of Section 24, Part E, of Article VI, of the By-Laws of the West Virginia State Bar, the Committee seeks to have this Court annul the license to practice law of William Wallace Barron, a duly licensed attorney and a member of the West Virginia State Bar.
On April 26, 1971, upon a letter of the Committee addressed to this Court, dated April 5, 1971, with which were transmitted certified copies of an indictment for a felony, a plea of guilty, and a judgment order in the case of United States v. William Wallace Barron, in the United States District Court for the Southern District of West Virginia, convicting him of the offenses charged in the indictment, this Court issued a rule directed to Barron, returnable May 11, 1971, to show cause why his license to practice law should not be annulled or suspended.
Barron has not appeared or filed any answer to the rule and, on the date on which the rule was returnable, this proceeding was submitted for decision upon the foregoing letter of the Committee, certified copies of the indictment, the plea of guilty and the judgment order and the written brief and the oral argument of the attorney for the Committee.
On March 24, 1971, a joint indictment, containing four counts, was returned against William Wallace Barron and two other defendants in the United States District Court for the Southern District of West Virginia. Three of the counts in the indictment charged Barron with wilfully, unlawfully and knowingly combining, conspiring and confederating and agreeing with the other defendants and other unknown persons to commit bribery and of the commission of bribery of a juror in violation of Title 18, Sections 1503, 371, 201(b) and 2, United States Code, each of which offenses is a felony. On March 29, 1971 in the presence of his counsel, who had explained to him the charges contained in the indictment, and after he had received a copy of the indictment, Barron entered his written plea fo guilty to the indictment and each of its counts. On the same day, the United States District Judge accepted the plea of guilty and entered this judgment:
'IT IS ADJUDGED that the defendant is guilty as charged and convicted.
'IT IS ADJUDGED that when the results of the examination and studies, together with any recommendations, are completed and have been furnished to the Court, that the Warden and/or the Director of the Bureau of Prisons cause the said defendant to be forthwith returned to this Court for such further disposition as it may deem advisable pursuant to Title 18, Section 4208(b), U.S.C.
'IT IS ORDERED that no costs be recovered from said defendant and the said William Wallace Barron is remanded to the custody of the Marshal of this Court; and the Court directs Deputy Marshal Gordon D. Coen to forthwith transport the said William Wallace Barron to the appropriate classification center.
'IT IS ORDERED that the Clerk deliver a certified copy of this judgment and commitment to the United States Marshal or other qualified officer and that the copy serve as the commitment of the defendant.
'The Court recommends commitment to Medical Center for Federal Prisoners, Springfield, Missouri.'
In accordance with the recommendation of the court, Barron is now confined in that institution in Springfield, Missouri.
No appeal has been applied for or granted from the foregoing judgment of March 29, 1971.
...
To continue reading
Request your trial
-
Brown, In re
...doubt as to the aggravated nature of such offenses, as we have stated in an early case involving the same charges. In re Barron, 155 W.Va. 98, 102, 181 S.E.2d 273, 275 (1971): "It is clear beyond question that each of the crimes of conspiracy to commit bribery and bribing a juror is a crime......
-
Committee on Legal Ethics of the West Virginia State Bar v. Hobbs
...money to a presiding judge are a direct attack on one of the most vital areas of our legal system. To paraphrase In re Barron, 155 W.Va. 98, 102, 181 S.E.2d 273, 275 (1971) (disbarment for bribing a juror), we find it difficult to consider an offense which is more destructive or corruptive ......
-
Committee on Legal Ethics of the West Virginia State Bar v. Six, 18971
...legal system or perversion of justice have been held to involve moral turpitude as a matter of law. In Re Brown, supra; In Re Barron, 155 W.Va. 98, 181 S.E.2d 273 (1971). Moral turpitude has also been held to be inherent in crimes involving intentional dishonesty or illegal activity for per......
-
Matter of Colson
...(W.Va.1973); In re Kahn, 38 A.D.2d 115, 328 N.Y.S.2d 87, aff'd, 31 N.Y.2d 752, 338 N.Y.S.2d 434, 290 N.E.2d 435 (1972); In re Barron, 155 W.Va. 98, 181 S.E.2d 273 (1971).9 Therefore, in the instant case, the need for the extensive hearing before the hearing committee and The Board was obvia......