People ex rel. Colorado Bar Ass'n v. Burton
| Decision Date | 04 March 1907 |
| Citation | 39 Colo. 164,88 P. 1063 |
| Court | Colorado Supreme Court |
| Parties | PEOPLE ex rel. COLORADO BAR ASS'N v. BURTON. |
Proceedings in disbarment by the people, on the relation of the Colorado Bar Association, against Francis L. Burton. Motion for judgment on pleadings denied.
S. S Large, for petitioner.
Morrison & De Soto and Ralph Talbot, for respondent.
The respondent was admitted to practice in this state as an attorney at law on March 9, 1896, and the information states that he has been guilty of gross professional malconduct, in that, under an indictment charging him with felony, to wit grand larceny, he was, on the 18th day of September, 1903 tried, convicted, and sentenced in the superior court for criminal business at Boston, in the state of Massachusetts. The defendant in his answer denies that he has been guilty of gross or other professional malconduct, as charged in the information, or at all; admits that he was tried, convicted and sentenced, as charged in the information, but he avers that he was not guilty of the charge laid in the indictment that he did not receive a fair or impartial trial thereon, and further states that by reason of representations truthfully made to the then Governor of Massachusetts, and by reason of the fact that it was manifest that he was innocent of any offense, and had been wrongfully convicted, the said Governor of Massachusetts did on the 25th of May, 1904, issue to respondent a full and free pardon. Petitioner has moved for judgment upon the pleadings.
We have held in the case of People v.
Weeber, 26 Colo. 229, 57 P. 1079, that 'pardon, or the payment of a fine, or service of sentence, may restore one to his civil rights--may blot out the offense committed--but it cannot wipe out the act of which he was adjudged guilty, and it is the act that the court considers in these disbarment proceedings.' And that 'any misconduct of an attorney which would render his continuance in practice incompatible with the proper respect of the court for itself, or a proper regard for the integrity of the profession, is sufficient to cause his disbarment.'
So that the fact that the respondent has been restored to his civil rights by the pardon of the Governor of Massachusetts is not a defense, and the court may consider the conduct of the attorney, and, if satisfied that his conduct has been such as to require his disbarment, may disbar him. But the...
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