In re Greene, 1910.

• Decision Date: 01 April 1957
• Docket Number: No. 1910.,1910.
• Citation: 130 A.2d 593
• Parties: Matter of Leon B. GREENE, Appellant.
• Court: D.C. Court of Appeals

Page 593

130 A.2d 593

Matter of Leon B. GREENE, Appellant.

No. 1910.

Municipal Court of Appeals for the District of Columbia.

Argued January 14, 1957.

Decided April 1, 1957.

John A. Shorter, Jr., and James A. Cobb, Washington, D. C., with whom Perry W. Howard, Washington, D. C., was on the brief, for appellant.

Lewis Carroll, Asst. U. S. Atty., with whom Oliver Gasch, U. S. Atty., and Kenneth D. Wood and Nathan J. Paulson, Asst. U. S. Attys., were on the brief, as amicus curiae, urged affirmance.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

Pursuant to statutory authority "to provide, under reasonable rules and regulations, the qualifications of persons * * * applying for authority to engage in the bonding business in criminal cases * * * and the terms and conditions upon which such business shall be carried on, * * *"¹ the trial court Criminal Rule 5, paragraph 13, provides:

"Any bondsman who procures or assists in procuring or attempts to procure the retention or employment of any attorney to represent any person charged with an offense cognizable in this court, or solicits or receives or enters into any agreement to receive any fee, commission money, property or other things of value for procuring or assisting or attempting to procure the retention or employment of any attorney to represent any person charged with an offense cognizable in this court, shall be suspended from executing other or further bonds until the further order of this court."

After notice and hearing a three-judge court found that appellant Greene, an agent under power of attorney of Perry W. Howard, Jr., an authorized bondsman, was guilty of infraction of the above-quoted rule, and suspended him from executing bonds for a period of ninety days. Greene has appealed from that order.

The appeal does not attack the reasonableness of the rule, nor does it contend that there was a denial of due process in the proceedings below, but it claims that the finding (1) is not supported by substantial evidence, (2) is against the clear weight of the evidence, and (3) is therefore not supportable as a matter of law. These assertions require a rather extensive discussion of the testimony.

The petition was filed and the charges prosecuted, at the request of the Chief Judge of the trial court, by the United States Attorney. The petition alleged that one Janie Shirley Smith, having been arrested on a charge of petit larceny, was released under a bail bond furnished by Howard, and that on the following day before her appearance in court Greene "requested one Sumler R. Swancy, a registered attorney of this Court, to represent Janie Shirley Smith," and that thereafter Swancy entered his appearance for her. At the close of the hearing, the trial court made no specific finding, but announced: "We have unanimously concluded that the allegations in the petition have been sustained by a preponderance of the evidence." This was followed by a formal order of suspension which recited that "the evidence sustained the charge of infraction of Rule 5, paragraph 13, of the Municipal Court Criminal Rules."

In view of the specific charge in the petition, and in the absence of any specific finding by the trial court, our inquiry must be limited to whether the evidence justified a finding that Greene requested Swancy to represent Janie Shirley Smith.

The following basic facts are not disputed. Janie Shirley Smith, nineteen years of age, hereafter referred to as the daughter, was arrested on a charge of petit larceny. After her arrest her father and Greene went to the Woman's Bureau and Greene secured her release on bond. She was told by Greene that she would have to appear in court the following day at 10:00 o'clock. On the following morning the daughter and her mother went to Howard's office and there talked with Greene. He inquired if the daughter had a lawyer and was told she had none. Shortly before 10:00 o'clock Swancy, whose office was on the floor above Howard's, came down the stairs and passed by the open door of Howard's office. Swancy was accompanied by three clients and was on his way to court, a short distance away. Greene, the daughter and the mother, and perhaps others, followed behind Swancy's group. All went to the criminal division, but Swancy left there and took one client to the civil division. When he returned the mother and daughter were waiting in the hall and they followed him upstairs to the courtroom. Swancy sat down beside the daughter, got her name and told her to plead not guilty. When the case was called Swancy told the judge he did not know whether his services as a lawyer in the case were desired and asked permission to confer with the daughter and mother. His request was granted and after a conference the mother told Swancy she wanted him to represent the daughter if he could help her. Thereafter Swancy entered his appearance for her.

The uncertainty in the evidence relates to what...