In re Brian D. Rohan on Suspension

[21 Cal3d Page 198] Petitioner attorney was convicted of the wilful failure to file his federal income tax return for the year 1969. (26 U.S.C. § 7203.) We referred the matter to the State Bar for hearing and report as to whether the facts and circumstances surrounding commission of the offense involved moral turpitude or other misconduct warranting discipline and, if so, the nature and extent of recommended discipline. (See Bus. & Prof. Code, §§ 6101, 6103-6106.1; Cal. Rules of Court, rules 951 (c), 951(d).) A local administrative committee conducted a hearing, made findings, and concluded no moral turpitude or other misconduct was involved. The State Bar Disciplinary Board, after reviewing the record, unanimously adopted committee findings. A majority of nine of the fifteen-member board concluded no moral turpitude was involved, but a differently comprised majority of nine concluded the facts and circumstances surrounding the commission of the offense involved other misconduct warranting discipline. A majority of the board, however, could not agree on the nature or extent of recommended discipline. (See fn. 1.) We conclude for reasons which follow that petitioner must be disciplined even though his misconduct does not involve moral turpitude, dishonesty or corruption (see Bus. & Prof. Code, §§ 6101, 6106).1