In re Weinstein

• Decision Date: 19 March 1935
• Citation: 150 Or. 1,42 P.2d 744
• Parties: In re WEINSTEIN.
• Court: Oregon Supreme Court

42 P.2d 744

150 Or. 1

In re WEINSTEIN.

Supreme Court of Oregon

March 19, 1935

In Banc.

In the matter of the application of Archie Weinstein for admission to the bar. On petitioner's exceptions to referee's report.

Application denied.

BAILEY Justice.

Archie Weinstein, hereinafter referred to as the petitioner, in May 1933, more than 60 days prior to the date fixed by the rules of this court for the annual bar examination to be held that year, filed with this court his application to be permitted to take the examination. The application was in the usual and regular form, and was accompanied by the requisite number of affidavits as to length of study and good moral character of the applicant. Based thereon the petitioner was permitted to take the examination held on the second Tuesday of July in that year. In October, following, the state board of bar examiners made its report to this court concerning the result of such examination, and recommended against petitioner's admission, of which fact he was duly apprised.

Thereafter the petitioner applied to this court to require the state board of bar examiners to grant him a hearing at which evidence might be adduced as to his character qualifications or that, in lieu thereof, a hearing be held before this court or some referee appointed by it, and that the findings upon such hearing be transmitted to this court for consideration. The application for the reference set forth that petitioner was informed and believed that the recommendation against his admission was not based upon lack of scholastic attainments on his part, but upon objections which had been filed concerning his moral character; and that he was "ready willing and able to establish his good moral character to the satisfaction of this court, or to the satisfaction of the state board of bar examiners or any referee the court may appoint to take testimony in respect thereto."

On March 5, 1934, an order was entered here to the effect that "the committee of the Oregon Bar Association and the board of bar examiners have to and including May 15, 1934, in which to serve and file formal written charges against" the petitioner.

Thereafter there was filed an answer to petitioner's application by "state of Oregon on relation of the Oregon Bar Association," which admitted petitioner's taking the examination and his denial of admission, denied all the allegations in petitioner's application as to his good moral character, and charged him with certain specific acts tending to show that he was not of good moral character and ought not to be admitted to practice law. To this answer a reply was filed, putting in issue the charges made against the petitioner in the answer.

The matter was referred to the Honorable T. E. J. Duffy, circuit judge for the Eighteenth judicial district, to hear testimony and report his findings to this court. Testimony was taken at Burns, Or., where petitioner resides, and the hearing consumed several days, after which the referee made his report to this court, accompanied by voluminous findings to the effect that some of the charges made were sustained by the evidence while others were not. The recommendation of the referee was that petitioner be not admitted.

The petitioner filed exceptions to the referee's report, and the matter was presented to this court by oral argument supported by briefs of the petitioner and the relator.

Archie Weinstein was 30 years of age at the time he presented himself for admission in 1933. He was a graduate of one of the high schools of Portland, Or., and had attended the University of Oregon for two terms.

In the summer of 1920 he entered his father's mercantile business at Lawen in Harney county. The father then had a small general store, and as his busness expanded two other stores were established by him, one at Crane, Or., and the other at Burns. The business was conducted under the name of Weinstein Mercantile Company, a corporation. Stock of this corporation was owned entirely by the father, with the exception of qualifying shares. From 1925 until 1929, when the corporation became bankrupt, Archie Weinstein was secretary of the corporation and active in its management.

Prior to the bankruptcy, which occurred in July, 1929, he had made some study of law with relation to contracts and the statute of frauds. Upon the corporation's ceasing business, he took up the study of law with the intention of entering the profession. At the same time he established a collection and credit reporting agency, and has ever since been engaged in that business. In conducting his collection agency, he has acted as attorney in many proceedings instituted in justice's court. He has also been personally involved as a litigant in a number of cases tried in the circuit court, not in connection with his collection business.

Section 32-104, Oregon Code 1930, provides: "An applicant for admission as attorney must apply to the supreme court, and must show: *** (2) that he is a person of good moral character, which may be proved by any evidence satisfactory to the court. ***" Rule 38 of this court, which was in effect at the time the petitioner made his application and took the examination for admission, provided that "the examination of all applicants for admission to practice in this state shall be conducted by a board of examiners under direction of the supreme court, which board shall be composed of nine members of the Oregon bar in good standing." 137 Or. 683, rule 38 as amended by order of April 11, 1933.

By rule 39 the application is required to be accompanied by three affidavits, which, in addition to showing that the applicant has complied with certain educational requisites, must show that he is a "person of good moral character." 137 Or. 684. This rule was amended April 11, 1933, by the addition of the following paragraph: "Unless the court shall otherwise direct, all application, certificates, affidavits and petitions mentioned in this rule shall be referred to the board of examiners which shall investigate and report to the court its findings as to the facts and its recommendations with respect to whether such applicant should be permitted to take the examination. The information obtained by the board in such investigations with respect to any applicant may be taken into consideration by the board in passing on the qualifications of such applicant for admission to the bar."

Prior to the amendments of April 11, 1933, the board of bar examiners consisted of five members, and the number was then increased to nine, in order to provide enough members to form a subcommittee to investigate and report upon the moral fitness of candidates for admission to the bar. Until the rules were amended on May 22, 1934, the procedure to be followed in case of adverse recommendation by the board, based upon the applicant's moral character, was not outlined by the rules of this court.

We are not here concerned with the disbarment of an attorney who has been duly and regularly admitted to practice law, but with the qualifications of an applicant who has...