King, In re, 1873

• Decision Date: 14 May 1953
• Docket Number: No. 1873,1873
• Citation: 42 Wn.2d 617,257 P.2d 219
• Parties: In re KING.
• Court: Washington Supreme Court

Page 617

42 Wn.2d 617

257 P.2d 219

In re KING.

No. 1873.

Supreme Court of Washington, en Banc.

May 14, 1953.

A. V. Stoneman, Seattle, for Washington State Bar Ass'n.

No appearance for accused.

DONWORTH, Justice.

The Washington state bar association, by complaint verified by its president, charged respondent E. W. King, who as a member of the bar of this court has engaged in the practice of law at Walla Walla since 1933 with six acts of embezzlement of certain funds belonging to his clients.

Pursuant to Rule for Discipline of Attorneys 13, 34A Wash.2d 185, a copy of the complaint, together with a notice requiring him to appear and answer the complaint within ten days after service of the documents, was personally served upon respondent in Walla Walla county on March 21, 1952.

Respondent filed no pleading of any kind in response to this notice and has made no appearance personally or by counsel at any stage of this proceeding.

The board of governors referred the matter to a trial committee which, after notice to respondent, held a hearing in Walla Walla on May 27, 1952. Respondent did not appear at the hearing, although the evidence showed that he was seen on the street in Walla Walla the day prior to the hearing. Testimony was presented to the committee relative to the six acts of embezzlement charged in the complaint.

As a result of this hearing, the trial committee made a report to the board of governors in which it found that respondent had converted to his own use funds belonging to five of his clients as follows:

                Guardian of A. E. Griffin, an
                 incompetent person                   $3949.10
                Executrix of the Estate of Sam
                 Ferris, deceased                      1600.00
                Executor of the Estate of
                 Catherine Reever, deceased             850.00
                Floyd R. Munroe in satisfaction of
                 note payable to John E. Crowe         1700.00
                Marville Zerba and wife to be paid
                 to Washington Children's Home
                 Society                                350.00
                                                      --------
                               Total ................ $8449.10
                

(Restitution was made on the second item in the amount of $950, but none was made regarding the other items.)

With respect to the sixth charge in the complaint, to wit, that as co-executor of his father's estate respondent had embezzled $1,500, the trial committee found, in part as follows:

'At the time of hearing final account and petition for distribution in the matter of the estate of S. E. King, the heirs at law and distributees were represented by counsel and at that time they received from respondent their respective shares of the estate property and signed receipts for property received by them from respondent; that the attorneys for said heirs at law and distributees were unable to advise and enlighten the Trial Committee as to whether the respondent had accounted for all estate funds; that it appears difficult from the record to trace specifically the $1500.00 check hereinbefore referred to or any other funds belonging to said estate; that notwithstanding the respondent's unjustifiable conduct and handling of said estate funds and notwithstanding the apparent commingling of estate funds, your Trial Committee is unable to specifically find that said respondent converted estate funds to his own use.'

The committee's report concluded with the unanimous recommendation that respondent be permanently disbarred from the practice of law.

A copy of this report was served upon respondent personally in Walla Walla county on June 21, 1952, in accordance with Rule for Discipline of Attorneys 31, 34A Wash.2d 192.

The board of governors reviewed the record made before the trial committee and its report...