In Matter of Fenn

• Decision Date: 30 July 1937
• Docket Number: No. 34792.,34792.
• Citation: 108 S.W.2d 369
• Parties: IN THE MATTER OF BERT F. FENN.
• Court: Missouri Supreme Court

108 S.W.2d 369

IN THE MATTER OF BERT F. FENN.

No. 34792.

Supreme Court of Missouri.

Court en Banc, July 30, 1937.

CITATION QUASHED AND RESPONDENT DISCHARGED.

Bert F. Fenn, pro se.

Roy McKittrick, Attorney General, and Franklin E. Reagan, Assistant Attorney General, for informants: Cliff Langsdale, Charles M. Miller, James E. Nugent, Paul V. Barnett, Edw. D. Ellison Raymond G. Barnett and W.T. Woodruff of counsel.

LEEDY, J.

This is an original proceeding instituted by the filing of an ex officio information by the Attorney General, informing the court of the institution by respondent, as plaintiff, of a civil suit wherein liability is sought to be asserted against certain members of the Bar Committee for the Eighth Judicial Circuit for acts done in their official capacities, and alleging that by reason thereof respondent is guilty of contempt, and praying that a rule issue requiring him to show cause why he should not be adjudged guilty of contempt. Our rule issued, and respondent, waiving service thereof, entered his appearance and made return. Upon the coming in of the return, the informant moved for judgment on the pleadings.

Summarized, the information (by paragraphs) pleads:

(1) Respondent's status as an attorney and member of the bar of this court.

(2) The appointment of George M. Hagee, Grover C. Sibley and Samuel H. Liberman as members of the Bar Committee for the Eighth Judicial Circuit under the rules of and by this court.

(3) The powers and duties of said Bar Committee under said rules with respect to matters of alleged professional misconduct on the part of members of the bar.

(4) The steps taken leading up to a formal hearing upon a charge or complaint alleging professional misconduct on the part of respondent, his appearance at said hearing, and the submission of said complaint to said Committee.

(5) The institution by respondent, as plaintiff, and while said complaint was still pending and under advisement and consideration by said Bar Committee, of a suit against the aforesaid members of said Bar Committee, and others, wherein and whereby it was alleged that said Hagee, Sibley and Liberman "maliciously contrived and conspired with certain others of defendants in said petition named to present evidence or affidavits to the Bar Committee for the Eighth Judicial Circuit with the intention and design to file a petition to disbar the said Bert F. Fenn from the practice of law and wherein and whereby he prays damages against defendants, including the said George W. Hagee, Grover C. Sibley and Samuel H. Liberman in the sum of $75,000.00."

(6) That in making said investigation and in the taking of evidence and testimony therein, said members of the Bar Committee "were and are acting solely in their official capacities as members of the Bar Committee for the Eighth Judicial Circuit in the State of Missouri, and in the discharge of duties imposed upon them by the rules of this court and as the officers, representatives and agents of this court."

(7) That the institution of said civil suit under the circumstances above set out "constitutes upon the part of the said Bert F. Fenn a willful and contumacious interference with the duties imposed upon the said Bar Committee, and upon the members thereof, by the rules of this court and with the procedure and processes of this court, and constitutes a contempt of this court."

(8) That as members of said Committee, and acting in their official capacities as such they "have and possess immunities and privileges appertaining unto this court, the members thereof and all officers, representatives and agents of this court."

(9) That they are immune from any civil liability based upon their conduct while engaged in the exercise of the duties and functions imposed upon them by the rules of this court, "and that the institution of a civil suit wherein liability is sought to be asserted against members of said Committee for acts done in their official capacity constitutes a willful and contumacious disregard of the rules of this court, and an interference with the procedure and processes of this court."

(10) That the institution of said civil suit "is calculated to and will delay and disrupt the procedure fixed by the rules of this court by the investigation of alleged misconduct upon the part of members of the bar of this court.

(11) That the filing of the said civil suit against the members of said Committee by the respondent, Bert F. Fenn, with knowledge that the members of the said Committee, and said Bar Committee for the Eighth Judicial Circuit, have under submission, consideration and investigation the alleged professional misconduct upon the part of the respondent constitutes, upon the part of the said respondent, Bert F. Fenn, a contemptuous, contumacious and willful disregard of his obligation as an officer of this court to aid and assist in the enforcement of the rules of this court, and constitutes a willful and contumacious attempt upon the part of the respondent, Bert F. Fenn, to hinder, delay and obstruct the work of this court and of its officers, agents and representatives in the enforcement of the rules of this court.

(12) That respondent knew at the time he filed said civil suit that the said members of said Committee were not legally liable for damages on account of acts performed by them in their official capacity; that the facts alleged in said petition were alleged to have been committed by said defendants in said civil suit as members of said Committee and in their...