State ex rel. McLeod v. Belcher

Decision Date05 April 1967
Docket NumberNo. 18631,18631
Citation153 S.E.2d 921,249 S.C. 301
CourtSouth Carolina Supreme Court
PartiesSTATE of South Carolina ex rel. Daniel R. McLEOD, Attorney General, Complainant, v. Thomas E. BELCHER, Respondent.

Asst. Attys. Gen. Grady L. Patterson, Jr., and Ben T. DeBerry, Columbia, for complainant.

Thomas E. Belcher, pro se.

ORDER

PER CURIAM:

In a proceeding under our Rule on Disciplinary Procedure for Attorneys, the respondent was charged with having forged the name of the Special Referee at the end of what purported to be his report in a divorce case, and with having forged the name of a Circuit Judge at the end of a decree in that case. After due notice a hearing was held before a panel of three members of the Board of Commissioners on Grievances and Discipline appointed in accordance with the rule; and at that hearing the respondent appeared in person and acknowledged his guilt. We note here that prior to the presentment of these charges a hearing had been held before the Resident Judge of the Eighth Judicial Circuit on an order issued by him to show cause why the allegedly forged documents should not be expunged from the record of the divorce action; and that upon that hearing the respondent had appeared and admitted his guilt.

The hearing panel having recommended that the respondent be disbarred, the matter then came before the Board of Commissioners on September 24, 1965, for review pursuant to Section 11 of the rule; and at that hearing the respondent appeared and admitted his guilt. In the course of that hearing the question of respondent's mental condition having arisen, the Board adjourned the hearing to May 6, 1966, in order to give him an opportunity to present evidence as to his mental condition at the time of the commission of the acts involved. At the hearing on May 6, respondent's counsel submitted a report, dated January 31, 1966, from a physician, and another from a certified psychologist reporting on his examinations of the respondent on five separate occasions during February and March, 1966. From these reports it is evident that at the time of the commission of the offenses in question, respondent's mental condition was not such as would justify or excuse such actions.

The Board having filed with this court its final certified report of the proceedings and its finding that the respondent was guilty of misconduct warranting disbarment, we issued an order directing that he show cause before us on December 16, 1966, why the Board's report should not be confirmed and such disciplinary order issued as might appear proper. Respondent has appeared pursuant to that order and has again admitted his guilt.

Respondent was born on December 5, 1933. He was admitted to the bar of South Carolina on July 28, 1960; and thereafter he went to Charlotte, North Carolina, where he was employed by an insurance company. In November, 1962, he moved to Abbeville, South Carolina, entering a partnership in the practice of law. The partnership was dissolved in February, 1963 and thereafter he endeavored to continue his...

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5 cases
  • In re Belding, 25750.
    • United States
    • South Carolina Supreme Court
    • November 10, 2003
    ...Cate v. Rivers, 246 S.C. 35, 142 S.E.2d 369 (1965) (disbarment for signing judge's name to twelve adoption decrees); State v. Belcher, 249 S.C. 301, 153 S.E.2d 921 (1967) (disbarment for signing name of special referee and judge to divorce ...
  • MATTER OF BELL, 24817.
    • United States
    • South Carolina Supreme Court
    • July 20, 1998
    ...attorney whose misconduct included tracing of a Supreme Court justice's signature on a purported family court order); State v. Belcher, 249 S.C. 301, 153 S.E.2d 921 (1967) (attorney disbarred for forging special referee and circuit judge's names); In re Timothy Walker, 305 S.C. 482, 409 S.E......
  • Gantt, Matter of, 22375
    • United States
    • South Carolina Supreme Court
    • June 27, 1985
    ...See also, In Re Morris, 270 S.C. 308, 241 S.E.2d 911 (1978); In Re Elliott, 268 S.C. 522, 235 S.E.2d 111 (1977); State v. Belcher, 249 S.C. 301, 153 S.E.2d 921 (1967); Cate v. Rivers, 246 S.C. 35, 142 S.E.2d 369 (1965); Annot., 40 A.L.R.3d 169. While there was strong sentiment among the mem......
  • Mozingo, Matter of
    • United States
    • South Carolina Supreme Court
    • February 23, 1998
    ...412 (1991) (attorney who forged circuit court judge's name to expungement order was indefinitely suspended); State ex rel McLeod v. Belcher, 249 S.C. 301, 153 S.E.2d 921 (1967) (attorney disbarred after forging the signature of a special referee and a circuit court judge to reports and decr......
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