Beeks v. State Bar of California

CARTER, J.

I dissent.

I am disposed to agree with the conclusion reached by the special administrative committee which heard petitioner’s application for reinstatement that petitioner had rehabilitated himself and that his present moral qualifications are such as to warrant his readmission to the practice of the law, and that he should be permitted to take the written examination required of general applicants for admission to the bar and, if he passes such examination, he should be reinstated as a member of the bar.

Approximately 14 years elapsed between the time of petitioner’s disbarment and the hearing before the special administrative committee which recommended his reinstatement. This is certainly a sufficient period of time for a disbarred attorney to show by his conduct that he has accomplished rehabilitation. The special administrative committee had the advantage of hearing the testimony of witnesses produced by petitioner, and the testimony of petitioner himself, and the members of that committee were in a better position to pass upon the factual issues than either the members of the Board of Governors of the bar, or the members of this court, who have gained whatever knowledge they have of the case from the written record.

It is well settled that the one and only issue on an application of this character is whether the applicant has been rehabilitated. (In re Andreani, 14 Cal.2d 736 [97 P.2d 456].) If satisfactory proof of rehabilitation is presented to the local administrative committee, and that committee finds that rehabilitation has been accomplished, it may, as a condition for reinstatement, require that petitioner show that he possesses the requisite learning in the law to entitle him to resume practice. In view of the length of time which had elapsed since the petitioner was disbarred, the committee was clearly justified in recommending that petitioner submit to an examination for the purpose of determining whether he now possesses the ability and learning necessary to qualify him to again engage in the practice of the law.

In my opinion the recommendation of the local adminstrative committee affords an ample safeguard against the reinstatement to the practice of the law of one who is lacking in either moral character or learning in the law. I would, therefore, follow the recommendation of the local administrative committee and permit petitioner to take an examination required of general applicants for admission to the bar, and if he passes such examination, that he be reinstated.