In re Contempt Proceedings Against Lavin
| Decision Date | 19 July 1938 |
| Docket Number | 6580 |
| Parties | In the Matter of Contempt Proceedings Against JOSEPH J. LAVIN |
| Court | Idaho Supreme Court |
ATTORNEY-RIGHT TO PRACTICE LAW-NONRESIDENT ATTORNEY-CONTEMPT-JURISDICTION.
1. In original contempt proceedings in Supreme Court, service on defendant must be made within state.
2. In original contempt proceedings in Supreme Court, court must have jurisdiction of subject matter and person before judgment may be entered.
3. The right to practice law is a "privilege," and admission or exclusion of persons from the right is a judicial power.
4. Where nonresident attorney prosecuted claims in Idaho using name of resident attorney as an associate as cloak to cover practice of law in Idaho, and he was personally served in state of residence only with a citation of in contempt proceedings and did not appear at hearing thereon, he was enjoined from acting as attorney in Idaho until he purged himself of charge of contempt.
Original proceedings commenced at the directions of the Board of Bar Commissioners. Defendant enjoined from appearing pending determination of charge.
Abe Goff and Jack McQuade, for State Bar Commission.
BUDGE J. Holden, C. J., and Ailshie and Givens, JJ., concur. Morgan, J., did not sit with the court at the hearing nor participate in the decision.
Defendant Joseph J. Lavin, a practicing attorney, residing at Spokane Washington, not admitted to practice nor licensed to practice law within the state of Idaho, was charged in this proceeding by a committee of the Idaho State Bar with contempt of the courts of this state in that he was employed as an attorney by Alice Simpson and R. L. Bowen of Kellogg, Idaho, to prosecute their claims in the courts of Idaho for personal injuries received in an automobile accident; that acting upon said claims Lavin performed all services ordinarily rendered in such cases, including filing of civil actions in the District Court of the First Judicial District at Wallace, Idaho; that the name of Robert L. McFarland, an attorney of Sandpoint, Idaho, appeared on the pleadings in each case as one of the attorneys for plaintiffs, but that said Robert McFarland did not sign the complaint, had no part whatever in the prosecution thereof, did not confer with any of the parties, was not informed of any of the proceedings taken and received no part of the fee; that McFarland was not actually associated with Lavin, but that his name was merely borrowed and used as a cloak to cover Lavin's practice of law in Idaho.
A citation and order was issued by this court on April 29, 1938, directing Lavin to appear to show cause why he should not...
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Talbot v. Ames Const.
...whether an applicant meets the requisite standards is a judicial function that is inherent in the courts); In re Lavin, 59 Idaho 197, 199, 81 P.2d 727, 727 (1938) ("[T]he admission or exclusion of persons from the practice of law is a judicial power."); In re Edwards, 45 Idaho 676, 687-90, ......
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Wood v. Goodson, 5732
...to decide the charge of contempt. Swanson v. Swanson, supra; Brown v. Brown, 96 N.J.Eq. 428, 126 A. 36 (1924); In re Lavin, 59 Idaho 197, 81 P.2d 727 (1938). We have clearly recognized the necessity for personal service in criminal contempt proceedings. In Hudkins v. Arkansas State Board of......
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Idaho State Bar Ass'n v. Idaho Public Utilities Commission, 13784
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