Jensen v. Evans

THE COURT. This is a proceeding to review a recommendation of the Board of Governors of The State Bar of California made on October 25, 1940, that petitioner be disbarred. On April 15, 1940, a notice to show cause was issued by Local Administrative Committee No. 5 for the City and County of San Francisco, charging petitioner with professional misconduct in violating his oath and duties as an attorney at law as prescribed by sections 6067, 6068 and 6103 of the Business & Professions Code, Rule 9 of the Rules of Professional Conduct (commingling of clients funds with his own), and in the commission of acts involving moral turpitude and dishonesty as mentioned in section 6106 of the Business & Professions Code. The gist of the charge was that petitioner appropriated to his own use $21.87 which had been given to him by his client for the alleged purpose of paying the premium on a fire insurance policy on his clients property. The local administrative committee found the charge to be true and recommended suspension for one year. The Board of Governors of The State Bar adopted the findings of the committee, but because of prior disciplinary proceedings against petitioner, recommended his disbarment. Petitioner claims in his petition, that the evidence is insufficient to support the findings, that the penalty imposed is unduly harsh, and that the Board of Governors should not have