In re Hofstede

• Decision Date: 25 June 1918
• Citation: 173 P. 1087,31 Idaho 448
• Parties: In re EDWARD HOFSTEDE
• Court: Idaho Supreme Court

173 P. 1087

31 Idaho 448

In re EDWARD HOFSTEDE

Supreme Court of Idaho

June 25, 1918

ATTORNEYS AT LAW-DISBARMENT-MORAL TURPITUDE.

1. Sec 4003, Rev. Codes, which provides that in case of the conviction of an attorney of a felony, or misdemeanor involving moral turpitude, the clerk of the court must transmit to the supreme court a certified copy of the record of conviction, is not obligatory upon federal courts or their officers. Failure to conform to it does not deprive the court of the power, nor relieve it of the duty, to proceed, upon its own motion, or otherwise, in disbarment cases, whenever facts justifying such action are brought to its attention.

2. The crime of aiding another to avoid registration, committed by counseling and advising young men, subject to registration to not register for military service, as required by the act of Congress approved May 18, 1917, thereby seeking to interfere with the government of the United States in its efforts to raise an army in time of war, involves moral turpitude.

[As to crimes and other misconduct that are causes for disbarment see note in 42 Am.Rep. 557]

PROCEEDINGS for disbarment of Edward Hofstede. Judgment of disbarment ordered.

Edward Hofstede, pro se.

J. P. Pope, for Attorney General.

Counsel cite no authorities.

MORGAN, J. Budge, C. J., and Rice, J., concur.

OPINION

MORGAN, J.

On March 14, 1918, there was lodged with the clerk of this court a certified copy of a judgment made and entered on November 13, 1917, in the district court of the United States for the central division of the district of Idaho, adjudging Edward Hofstede, who is an attorney and counselor at law, admitted to practice in this state, to be guilty of the crime of aiding another to avoid registration under the selective service law of the United States (Act of May 18, 1917), and sentencing him, as punishment therefor, to be imprisoned in the county jail of Latah county for the term of four months. A citation was thereupon issued directing him to appear before this court, at its courtroom in Lewiston, on April 10, 1918, and to show cause, if any existed, why his name should not be stricken from the roll of attorneys and counselors and he be precluded from practicing as such in all the courts of Idaho, as provided in subd. 1, sec. 4002, and sec. 4014, Rev. Codes, as follows:

Sec. 4002. "An attorney and counselor may be removed or suspended by the supreme court and by the district courts for either of the following causes, arising after his admission to practice:

"1. His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence."

Sec. 4014. "Upon conviction, in cases arising under the first subdivision of section 4002, the judgment of the court must be that the name of the party must be stricken from the roll of attorneys and counselors of the court, and that he be precluded from practicing as such attorney and counselor in all the courts of this state. . . . "

At the time and place appointed Hofstede appeared and filed objections to the sufficiency of the accusation against him, contained in the citation above mentioned, and alleged:

"That the violation of the 'selective service,' so called, does not constitute moral turpitude.

"That nothing in said accusation set forth comes within the purview of the provisions contained in sec. 4002 of the Idaho Revised Codes.

"That the record of conviction, if any was made, was not filed within thirty days after November 13, 1917."

Sec. 4003, Rev. Codes, provides: "In case of the conviction of an attorney or counselor of a felony, or misdemeanor involving moral turpitude, the clerk of the court in which a conviction is had, must, within thirty days thereafter, transmit to the supreme court a certified copy of the record of conviction."

The objection to the effect that a certified copy of...