In re Simpson

• Citation: 93 N.W. 918,11 N.D. 526
• Decision Date: 09 March 1903
• Docket Number: 6731
• Parties: IN RE SIMPSON
• Court: United States State Supreme Court of North Dakota

93 N.W. 918

11 N.D. 526

IN RE SIMPSON

No. 6731

Supreme Court of North Dakota

March 9, 1903

In the matter of Leslie A. Simpson. Motion to reinstate attorney. Granted.

Order entered that the said Leslie A. Simpson be readmitted to practice law in all the courts of this state upon taking the oath of office.

YOUNG C. J. MORGAN, J., concurs. COCHRANE, J., not participating.

OPINION

YOUNG C. J.

On the 1st day of September, 1902, term of this court, a motion was made by Honorable Tracy R. Bangs and Honorable John M Cochrane for the reinstatement of Leslie A. Simpson, who was disbarred for unprofessional conduct by an order of this court dated July 12, 1900. The disbarment proceedings are reported in 9 N.D. 379, 83 N.W. 541. A similar motion for reinstatement was made at the September, 1901, term of court and was denied. On the former motion no proof which we could judicially consider was offered, either to contradict or to excuse the unprofessional acts upon which the order of disbarment was based, or to show that the applicant for reinstatement had so altered in character, as a result of the discipline to which he had been subjected, as to render him fit to be intrusted with the privileges pertaining to the office of attorney and counselor at law of this state. The court, however, while denying the motion, at the same term in a communication from Chief Justice Wallin, directed to the Honorable Seth Newman, president of the State Bar Association, referred the application to said association, and requested that body to conduct an investigation, through its proper officers, touching the present character and fitness of Mr. Simpson to be reinstated, and to report to this court upon the following matters of fact: "(1) To what extent, if at all, has Mr. Simpson engaged in the practice of the law since the entry of the judgment of disbarment? (2) Is there any tangible evidence that the severe discipline to which Mr. Simpson has been subjected has had the effect of producing a change of his character, in such a way that he would, if readmitted to the practice of law, conduct himself hereafter with reference to proper ethical and professional standards of conduct? (3) Has Mr. Simpson been so far humbled by the discipline of disbarment that he is willing, freely and without reservation, to admit upon the records of this court that he was guilty of the offenses charged against him, and that in disbarring him the court proceeded upon proper grounds and with the proper motives? (4) Does Mr. Simpson sincerely regret his attitude and conduct towards the court and opposing counsel, as manifested during the progress of the disbarment proceedings? (5) Are there any financial obligations, growing out of the subject-matter of the charges against Mr. Simpson, which remain undischarged?" The committee of the bar association charged with the duty of conducting the investigation was composed of the Honorable Roderick Rose, the Honorable Charles F. Templeton, and the Honorable P. H. Rourke. This committee convened at Dickinson, in Stark county, where the applicant resides, and, upon notice to the attorneys who appeared in the original proceedings, heard and received all evidence offered; and the same, which was reduced to writing and verified by the witnesses, is contained in the report filed in this court. The committee's report is as follows: "That Mr. Simpson has not engaged in the practice of law since July 12, 1900, when the judgment of disbarment was entered against him. That the discipline to which he has been subjected has produced such a change in his character as to ensure proper professional conduct on his part in the future, if readmitted to the practice of law. That Mr. Simpson has been humbled by the discipline of disbarment he has received, and that he has willingly, freely, and without reservation, admitted in writing, under oath, that in disbarring him the court proceeded upon proper grounds and with proper motives. * * * That Mr. Simpson sincerely regrets his attitude and conduct towards the court and opposing counsel, as manifested during the progress of the disbarment proceedings. That we are unable to learn of any financial obligations growing out of the subject-matter of the charges against Mr. Simpson which remain undischarged. Your committee therefore respectfully recommend that the court take further proceedings in the matter, and that Mr. Simpson be readmitted to practice law in the state of North Dakota. Dated June 21st, 1902. [Signed] ...