Hankamer v. Templin, A-455.

• Decision Date: 09 May 1945
• Docket Number: No. A-455.,A-455.
• Citation: 187 S.W.2d 549
• Parties: HANKAMER v. TEMPLIN, Clerk of Supreme Court.
• Court: Texas Supreme Court

Page 549

187 S.W.2d 549

HANKAMER v. TEMPLIN, Clerk of Supreme Court.

No. A-455.

Supreme Court of Texas.

May 9, 1945.

Original mandamus proceeding by Harold M. Hankamer against George H. Templin, Clerk of the Supreme Court, to compel respondent to enter petitioner's name as a member of the State Bar on the rolls of the clerk of the Supreme Court upon payment of the tendered "membership fee".

Application denied.

Harold M. Hankamer, of Houston, pro se.

Grover Sellers, Atty. Gen., Carlos Ashley, First Asst. Atty. Gen., and Ocie Speer, Asst. Atty. Gen., for defendant.

TAYLOR, Commissioner.

This is an original mandamus proceeding brought in this Court by Harold M. Hankamer against George H. Templin, Clerk of this Court, to compel him to enter petitioner's name as a member of the State Bar on the rolls of the Clerk of the Supreme Court upon payment of the tendered "membership fee."

The plaintiff alleges, in substance, that on the 23rd day of August, 1940, in the 34th District Court of El Paso County he was convicted of a felony upon jury trial on the charge of conversion of the funds of an estate, a felony, and sentenced to the penitentiary for a period of three years; that the judgment of conviction was affirmed. 142 Tex.Cr.R. 23, 150 S.W.2d 794; that in the judgment of the court pronouncing the sentence upon him, his right to practice law was revoked; that after serving a part of his sentence he was paroled and later on the 18th day of February, 1944, was granted by the Governor of the state a full pardon, which (deleting words, phrases and paragraphing not necessary for present purposes) reads:

"Harold M. Hankamer was convicted in the District Court of El Paso County, Texas, and on October 11, 1940, was sentenced to three years confinement in the State Penitentiary for Conversion of (an) estate. * * * The Board of Pardons and Paroles recommends that he be granted a full pardon and restoration of citizenship. His certificate of discharge shows that he was discharged from the penitentiary, December 17, 1943, while on a conditional pardon. The subject has filed an affidavit dated February 3, 1944, to the effect that he is not at this time under indictment for any offense involving moral turpitude, either felony or misdemeanor. Hon. Sam Goldfarb, Chairman, Bexar County Parole Board, requests that the subject's citizenship be restored. Acting upon and because of the recommendations of the Board, Now, Therefore, I Coke R. Stevenson, Governor of the State of Texas, by virtue of the authority vested in me under the constitution and laws of this state, upon the recommendations hereinabove cited and for reasons herein set out * * *, do hereby grant unto the said Harold M. Hankamer, a Full Pardon and Restoration of Citizenship including competency to testify in any and all courts, together with full rights of suffrage and benefits and obligations attendant therewith."

Petitioner does not question the validity of the judgment of the Court revoking his license to practice. He apparently concedes its validity, questioning only the summary and irregular manner in which his disbarment was accomplished. He stated to the Clerk in making tender of "membership fees" that "your record will reflect I was disbarred by judgment" of the said district court of El Paso county, Texas. He contends however that because the order revoking his license was irregularly contained in the "judgment of sentence" in the criminal case in which he was convicted, the granting of the full pardon shown above restored his right to practice law; and that therefore he is entitled to have the Clerk of this Court recognize such right and to reenter his name upon the rolls as a practicing attorney in this State. Petitioner's further contentions in this respect are set out in his brief as follows:

"* * * since such revocation of petitioner's license to practice law was * * * a part of the punishment * * * assessed against petitioner as a result of such conviction—this portion of the penalty and punishment was also released by the full and unconditional pardon granted petitioner by the Governor, thereby entitling the petitioner to the relief prayed for in his petition for writ of mandamus."

Assuming that the order canceling petitioner's license to practice law is valid, as seems to be assumed by him, we are confronted only...