In re Newton

• Citation: 70 P. 510,27 Mont. 182
• Parties: IN RE NEWTON.
• Decision Date: 29 October 1902
• Court: United States State Supreme Court of Montana

70 P. 510

27 Mont. 182

IN RE NEWTON.

Supreme Court of Montana

October 29, 1902

Application by William Newton for reinstatement as an attorney. Application suspended.

BRANTLY, C.J.

The petitioner was disbarred by order of this court on January 11, 1898; it being made to appear that he had theretofore been convicted of the crime of petit larceny in a justice's court of Silver Bow county. On June 27, 1901, he presented to this court his petition asking that the order of disbarment be vacated for reasons therein stated. This petition was denied, the court being of the opinion that the reasons stated therein were not sufficient to warrant the vacation of the order of disbarment. 69 P. 1131. On this day he has petitioned the court, through John N. Kirk, Esq., a member of the bar, that he be restored to the rights and privileges of a member of the bar. The court has examined the petition presented, and finds it insufficient to meet the requirements of the statutes and rules of this court, applicable to such cases, in several particulars; among others, in that it is not verified, and in that it fails to state whether any proceedings for disbarment of the petitioner or criminal charges have been instituted or prosecuted against him in any jurisdiction. The court is of the opinion that the petition in such cases should not only set forth the facts touching the proceedings in disbarment in this court, with reasons why the petitioner should be reinstated, but should also in all respects comply with the rules applicable to the admission of candidates to practice law in the first instance.

It is therefore ordered that the proceeding depend, with leave to said Newton on or before December 1, 1902, to file with the clerk and present to the court an amended petition in conformity with the statutes and rules of this court touching applications for admission to the bar, which shall contain such other pertinent matters as he may be advised should properly be embraced therein, and shall be duly verified by the oath of said Newton, and be accompanied by the statements, under oath, of those who may join in the prayer thereof, together with certificates of reputable members of the bar as to the moral standing and character of the petitioner in the community in which he resides.

PIGOTT and MILBURN, JJ., concur.