Mendicino v. Whitchurch ( 1977 )

ROSE, Justice,

specially concurring.

In concurring, I do not retreat from my position stated in Board of Trustees, Laramie County School District No. 1 v. Spiegel, Wyo., 549 P.2d 1161 (1976), where I expressed the opinion that the presence of a fair and impartial administrative board is a prerequisite to a fair hearing as guaranteed by the due process clauses of the Constitution of the United States and the Constitution of Wyoming.

I continue to believe that in those instances where the same board receives the charges, brings the complaint, conducts the hearing and utters the final administrative verdict — there is an inherent — almost inhuman — demand for fairness to which it may be beyond human nature to impartially respond. It might be that even angels could not comply with such demands.

While saying this — I have absolutely no doubt but that the Grievance Committee called upon to act here have acted as impartially and dispassionately as is possible for human beings to act and have done so out of their deep and abiding dedication to the welfare of not only the legal profession but the respondent as well.

I further, while wishing that the right to inquire of administrative board members through voir dire was a settled procedural protective device in the fair trial process, realize that at this point it is not and that the able analysis of the law on the point by my Brother McClintock represents its true state.