Underwood v. Commonwealth

• Decision Date: 15 November 1907
• Citation: 105 S.W. 151
• Parties: UNDERWOOD v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

105 S.W. 151

UNDERWOOD v. COMMONWEALTH.

Court of Appeals of Kentucky.

November 15, 1907

Appeal from Circuit Court, Barren County.

"Not to be officially reported."

Disbarment proceedings by the commonwealth against Thomas D. Underwood. From a judgment of disbarment, defendant appeals. Affirmed.

Thos D. Underwood, in pro. per. N. B. Hays, Atty. Gen., and C. H Morris, for the Commonwealth.

O'REAR C.J.

Appellant while county attorney of Barren county, was thrice convicted of the offense of retailing intoxicating liquors in violation of the local option law. He was also indicted for accepting a bribe to shield others from prosecution who were arraigned also for selling in violation of the local option law. On his trial under the indictment for bribery, the jury failed to agree. This proceeding is upon an information filed by the commonwealth's attorney of the district, setting out the foregoing facts, and asking that appellant be disbarred, and his name be stricken from the roll of attorneys of the court. Appellant's response admitted the three convictions, but denied his guilt. He denied his guilt of the charge of bribery, and promised thereafter to lead a blameless life. He claimed that he was a victim of a hostile public sentiment. The response was held bad on demurrer, and, as he failed to plead further, the information was taken as true, and a judgment of disbarment was entered. He appeals.

The charge of bribery may be laid out of the case. It was denied. There was no evidence. A mere indictment is not enough to justify disbarment of an attorney. He must be at least guilty of the offense charged in the indictment, and, while neither indictment nor conviction of the offense is essential as a prerequisite to the proceedings to disbar an attorney ( Baker v. Commonwealth, 10 Bush, 592), guilt of some act which shows him to be unfit, or no longer entitled to confidence, must be established. To be admitted to the bar, a person must not only be learned in the law, but possess a character of honesty, probity, and good demeanor. A certificate of such character, furnished by the county court of his residence, is a prerequisite to the granting of the license. It is the possession of the character described that entitled him to admission to the bar, allowing that he is able to pass the requisite examination touching his learning. The continued possession of character is as essential to maintain his relation as an attorney at law, as it is to have it in the first instance to be admitted. The office is one peculiarly of confidence. Not only do his clients repose trust in his integrity, but as an officer of the court, in the...