Hasler, In re

Decision Date27 June 1969
Docket NumberNo. 54453,54453
PartiesIn the Matter of John D. HASLER, Petitioner.
CourtMissouri Supreme Court

HENLEY, Acting Chief Justice.

This proceeding was commenced January 13, 1969, by petitioner, John D. Hasler, a member of the Bar of this court, filing a petition voluntarily submitting himself to the jurisdiction of the court for such disciplinary action as the court deems just. A copy of the petition was served on The Advisory Committee of the Missouri Bar Administration.

Thereafter, pursuant to stipulation between petitioner and The Advisory Committee, the proceeding was on May 12, 1969, submitted on the petition, transcripts of voluminous evidence described in the stipulation, and petitioner's position paper, without oral argument, and the matter taken under advisement.

The proceeding arises out of petitioner's conduct in relation to a divorce suit entitled Delmar Shelby, Plaintiff, v. Jean Poole Shelby, Defendant, pending before petitioner while Judge of the Circuit Court of St. Louis County. The petition states, among other things, that during the pendency of this suit petitioner, without the knowledge of Mr. Shelby or his counsel, corresponded with and had private meetings and telephone conversations with Mrs. Shelby regarding the divorce suit. Petitioner resigned as Circuit Judge in August, 1968.

Our review of the evidence persuades us that petitioner is guilty of gross misconduct as a judge and as a lawyer. The '(m)isconduct of a lawyer acting as a judge may justify his disbarment as a member of the bar. A violation of his judicial oath aggravates the offense of disregarding his oath as a lawyer.' State of Nebraska ex rel. Nebraska State Bar Association v. Conover, 166 Neb. 132, 88 N.W.2d 135, 138(4). See also: In re Williams, 233 Mo.App. 1174, 128 S.W.2d 1098, 1105(6); Annotation, 53 A.L.R.2d 305; 7 Am.Jur.2d, Attorneys at Law, p. 74, Section 47.

We are mindful of and have considered the principle that proceedings to discipline a lawyer '* * * 'are not for the purpose of punishment, but for the purpose of preserving the courts of justice from the official ministrations of persons unfit to practice in them. '' In re Graves, 347 Mo. 49, 146 S.W.2d 555, 557(2), and cases there cited. See also: In re Ellis, 359 Mo. 231, 221 S.W.2d 139; in re Burrus, 364 Mo. 22, 258 S.W.2d 625.

We hold that petitioner has violated Rule One, Canons of Judicial Ethics, and Rule 4, Canons of Professional Ethics, 1 and are...

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7 cases
  • Yaccarino, Matter of
    • United States
    • New Jersey Supreme Court
    • October 13, 1989
    ...appraisers from whom he asked and received kickbacks of appraisal fees authorized by him would warrant disbarment); In re Hasler, 447 S.W.2d 65 (Mo.1969) (attorney corresponding with and having private meetings and telephone conversation with one party to a divorce suit in which he was the ......
  • State ex rel. Oklahoma Bar Ass'n v. Eakin
    • United States
    • Oklahoma Supreme Court
    • October 10, 1995
    ...Bar v. Mason, 334 So.2d 1 (Fla.1976) (respondent made ex parte communications with an appellate judge in a civil case); In re Hasler, 447 S.W.2d 65, 65 (Mo.1969) (respondent communicated ex parte with a judge in a criminal matter).29 For the pertinent terms of Rule 8.4(c) and (d), see supra......
  • In the Matter of Honorable Theodore Abrams Tucson Mun. Court Pima County
    • United States
    • Arizona Supreme Court
    • August 4, 2011
    ...violated both oaths, and “[a] violation of his judicial oath aggravates the offense of disregarding his oath as a lawyer.” In re Hasler, 447 S.W.2d 65, 65–66 (Mo.1969) (quoting State ex rel. Neb. State Bar Ass'n v. Conover, 166 Neb. 132, 88 N.W.2d 135, 138 (1958)) (ordering disbarment of at......
  • State v. Hasler
    • United States
    • Missouri Court of Appeals
    • December 16, 1969
    ...after trial, and in June, 1969, was disbarred by the Missouri Supreme Court for gross misconduct as a judge and lawyer. In the matter of John D. Hasler, 447 S.W.2d 65. ...
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