State v. Walker
State v. Walker
Opinion of the Court
This is an original proceeding, under article S5 of the Constitution
“That he did not commit any act which constituted gross professional misconduct and lack of moral character; that, despite the verdict of the jury, the judgment and sentence of the criminal court, and the affirmance thereof by this honorable court, despite the ignominy cast upon him, despite the infamous punishment that he has undergone, he still solemnly affirms that he has done no wrong.”
He then pleads the prescription of six months, established by so much of section 2814 (986) of the Revised Statutes as reads:
“Nor, shall any person be prosecuted for any fine or forfeiture, under any law of the state, unless the prosecution for the same shall be instituted within six months from the- time of incurring such fine or forfeiture.” .
In support of the charge contained in the petition, there were offered in evidence a certified copy of the proceedings in the criminal district court leading to defendant’s conviction and sentence, and the opinion and decree of this court, affirming the same.
It is therefore adjudged and decreed that the license heretofore issued to the defendant, Thompson B. Walker, be withdrawn and annulled, and that he be deprived of his status and privileges as an attorney and counselor at law and disbarred from the practice of the legal profession before the courts of this state. It is further decreed that he pay the costs of this proceeding.
Reference
- Full Case Name
- STATE v. WALKER
- Cited By
- 1 case
- Status
- Published
- Syllabus
- (Syllabus by the Court.) 1. Evidence In an original proceeding before this court, under article 85 of the Constitution and the rules of the court adopted pursuant thereto, for the disbarment of an attorney at law, upon a charge of professional misconduct, amounting' to a felony, of which he has been convicted, the court will take judicial notice that its opinion and decree affirming such conviction, and which are offered in evidence, are based upon a record which shows that the offense charged was committed by defendant while acting in his professional capacity, and to the prejudice of a client. [Ed. Note. — For other cases, see Evidence, Cent. Dig. § 62.] (Additional Syllabus by Editorial Staff.! 2. Attorney and Client The prescription of six months established by so much of Rev. St. § 2814 (986), as provides that no one shall be prosecuted for any fine or forfeiture after six months from the time of incurring it, has no application in a proceeding for the disbarment of a duly licensed attorney at law for professional misconduct. [Ed. Note. — For other cases, see Attorney and Client, Cent. Dig. §§ 48, 66.]