In re Gwynn, C. D. 2001.

• Decision Date: 22 November 1934
• Docket Number: C. D. 2001.
• Citation: 37 P.2d 1114,179 Wash. 389
• Court: Washington Supreme Court
• Parties: In re GWYNN.

37 P.2d 1114

179 Wash. 389

In re GWYNN.

No. C. D. 2001.

Supreme Court of Washington, En Banc.

November 22, 1934

Proceedings in the matter of the disbarment of W. E. Gwynn, an attorney at law. On review of the findings and recommendations of the Board of Governors of the State Bar Association.

Findings and recommendations approved and respondent permanently disbarred.

TOLMAN Justice.

The Board of Governors of the Washington State Bar Association in due course transmitted to this court its findings of fact and recommendations, together with the entire record of the proceedings Before it, for the disbarment of W E. Gwynn.

Upon the filing thereof the matter was regularly set for hearing. Mr. Gwynn appeared in person and by counsel and the Board of Governors appeared by its counsel. The case was argued orally and submitted to this court upon the merits.

It appears from the record that the charges were five in number all relating to financial transactions between Mr. Gwynn and various of his clients. The board found the evidence to be sufficient to sustain four of the charges and insufficient as to the fifth charge, whereupon it adjudged him guilty of unprofessional conduct and recommended that he be permanently disbarred.

The questions presented here are wholly questions of fact. We have therefore read and considered the entire record, weighed the evidence with care, and are convinced that each of the four findings of guilt made by the board is supported by the weight of the evidence and that the recommendation made by the board is a proper one.

It is therefore the order and judgment of this court that W. E Gwynn be, and he is hereby, permanently disbarred from the practice of law in this state.

BEALS, C.J., and MAIN, MITCHELL, STEINERT, and BLAKE, JJ., concur.

MILLARD and GERAGHTY, Justices.

We are of the view that the order of this court should provide that the respondent be disbarred or suspended from the practice of law in this state 'until further order of this court.'

HOLCOMB Justice (dissenting).

The offenses of which the attorney was charged for misuse of funds of certain of his clients were no graver than those in Re Penland, 152 Wash. 427, 277 P 1119, where the former board of law examiners recommended suspension for a period of one year, which this court affirmed. Nor are they any more serious or grave than those considered in Re Sampley, 160 Wash. 92, 294 P. 1118, in...