In re Diesen, No. 25989.

CourtSupreme Court of Minnesota (US)
Writing for the CourtPER CURIAM.
Citation215 N.W. 427,173 Minn. 297
PartiesIn re DIESEN.
Docket NumberNo. 25989.
Decision Date30 September 1927

173 Minn. 297
215 N.W. 427

In re DIESEN.

No. 25989.

Supreme Court of Minnesota.

Sept. 30, 1927.


In the matter of the application for the removal of Julius E. Diesen, an attorney at law. Record remitted to a referee, with directions.

[215 N.W. 427]

Clay W. Johnson, of Minneapolis, for applicant.

O. J. Larson, of Duluth, A. L. Thwing, of Grand Rapids, and J. E. Green, of Carlton, for respondent.


PER CURIAM.

The application is based upon respondent's conviction of a misdemeanor involving moral turpitude.

The record is incomplete. The referee certifies that by reason of an attached stipulation the hearing was not had. Respondent by the stipulation offered to prove, if a hearing were had, certain matters designated in the stipulation as paragraphs 8 to 19, inclusive, being substantially matters alleged in his answer, tending to prove that the misdemeanor of which he was convicted was not committed under such circumstances that the court should find that moral turpitude was involved, and that there were such matters in mitigation as might avoid disbarment or bear upon

[215 N.W. 428]

the punishment should respondent be subject to discipline, to which offer the petitioner would object as being not admissible for any purpose. No ruling was made and no testimony introduced. The stipulation showed a plea of guilty to one count in an indictment in the federal court charging him with willfully, unlawfully, and fraudulently attempting to defeat and evade the tax imposed to the act of Congress, known as the Revenue Act of 1921 (42 Stat. 227). The offense charged was a misdemeanor. On the face, the record would indicate that moral turpitude was involved. And it is difficult to conceive how a lawyer, having opportunity to consult with other lawyers of experience and ability, should plead guilty if some of the facts contained in the offer of proof are true. The court is of the opinion that, since in our disbarment statute (Gen. St. 1923, § 5697) a distinction is made between conviction for misdemeanors, the lawyer sought to be disbarred should have the opportunity of proving, if he can, that the offense was committed under circumstances not involving moral turpitude; and also full opportunity should be afforded him to offer extenuating matters which this court may consider on the question whether there should be disbarment or discipline.

For the reason stated, the matter is remitted to the referee to hear respondent fully upon his alleged defensive or extenuating...

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18 practice notes
  • Hallinan, In re
    • United States
    • United States State Supreme Court (California)
    • July 9, 1954
    ...of conviction without an independent investigation of the question whether the attorney's conduct invovled moral turpitude. In Re Diesen, 173 Minn. 297, 215 N.W. 427, 217 N.W. 356, on which the State Bar relies, the court referred the proceeding to a referee to investigate the question of m......
  • Attorney Grievance Commission of Maryland v. Walman
    • United States
    • Court of Appeals of Maryland
    • June 9, 1977
    ...cases for the proposition "that a crime of this character, even though not a felony, involves moral turpitude": In re Diesen, 173 Minn. 297, 215 N.W. 427 (1927), appeal after remand, 173 Minn. 297, 217 N.W. 356 (1928), which was decided at a time when the federal statute specifica......
  • State Board of Law Examiners of Wyoming v. Brown, 2063
    • United States
    • United States State Supreme Court of Wyoming
    • March 22, 1938
    ...faith and credit rule. In re Eaton, (N. D.) 62 N.W. 597; in re Morganstern, (Cal.) 215 P. 721. Proof is necessary. In re Diesen, (Minn.) 215 N.W. 427; In re Eberhardt, (Minn.) 205 N.W. 266; State v. Ebbs, (N. C.) 19 L. R. A. (N. S.) 892; People ex rel Deneen v. Coleman, (Ill.) 71 N.E. 693; ......
  • State ex rel. Florida Bar v. Murrell
    • United States
    • United States State Supreme Court of Florida
    • July 30, 1954
    ...would accomplish the end desired. The following cases enlighten the question. In re Power, 407 Ill. 525, 96 N.E.2d 460; In re Diesen, 173 Minn. 297, 215 N.W. 427, 217 N.W. 356; In re McDonald, 204 Minn. 61, 62, 282 N.W. 677, 284 N.W. 888; Barton v. State Bar of California, 209 Cal. 677, 289......
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18 cases
  • Hallinan, In re
    • United States
    • United States State Supreme Court (California)
    • July 9, 1954
    ...of conviction without an independent investigation of the question whether the attorney's conduct invovled moral turpitude. In Re Diesen, 173 Minn. 297, 215 N.W. 427, 217 N.W. 356, on which the State Bar relies, the court referred the proceeding to a referee to investigate the question of m......
  • Attorney Grievance Commission of Maryland v. Walman
    • United States
    • Court of Appeals of Maryland
    • June 9, 1977
    ...cases for the proposition "that a crime of this character, even though not a felony, involves moral turpitude": In re Diesen, 173 Minn. 297, 215 N.W. 427 (1927), appeal after remand, 173 Minn. 297, 217 N.W. 356 (1928), which was decided at a time when the federal statute specifica......
  • State Board of Law Examiners of Wyoming v. Brown, 2063
    • United States
    • United States State Supreme Court of Wyoming
    • March 22, 1938
    ...faith and credit rule. In re Eaton, (N. D.) 62 N.W. 597; in re Morganstern, (Cal.) 215 P. 721. Proof is necessary. In re Diesen, (Minn.) 215 N.W. 427; In re Eberhardt, (Minn.) 205 N.W. 266; State v. Ebbs, (N. C.) 19 L. R. A. (N. S.) 892; People ex rel Deneen v. Coleman, (Ill.) 71 N.E. 693; ......
  • State ex rel. Florida Bar v. Murrell
    • United States
    • United States State Supreme Court of Florida
    • July 30, 1954
    ...would accomplish the end desired. The following cases enlighten the question. In re Power, 407 Ill. 525, 96 N.E.2d 460; In re Diesen, 173 Minn. 297, 215 N.W. 427, 217 N.W. 356; In re McDonald, 204 Minn. 61, 62, 282 N.W. 677, 284 N.W. 888; Barton v. State Bar of California, 209 Cal. 677, 289......
  • Request a trial to view additional results

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