In re Admission to the Oregon State Bar of Cheek
In re Admission to the Oregon State Bar of Cheek
Opinion of the Court
In December, 1962, William Vann Cheek applied for
Mr. Cheek graduated from the law school of the University of New Mexico in 1957 and was admitted to the bar of that state in August, 1957. He immediately opened an office in Alamogordo, and continued to practice there until the fall of 1960. He then moved to El Paso, Texas, where he was employed by the El Paso Natural Gas Company until the spring of 1962. In July, 1962, he moved to Eugene, where he went to work for the Lane County Escrow Service, Inc. He was so employed until January, 1963, when he became manager of Land Associates, Inc., a concern dealing in real estate contracts and loans, and insurance premium financing. Mr. Cheek is married, has five children, and is now 37 years of age.
The Board of Bar Examiners, after an investigation which was attended with some difficulty because it involved the petitioner’s conduct in New Mexico, recommended that Cheek’s application be denied “pending a full-scale adversary hearing” if requested by Cheek. In accordance with this recommendation, this court on October 20, 1964 denied Cheek’s application, with leave to petition this court for a review of his said application and for a hearing on the question of his moral character and general fitness in accordance with the procedure prescribed by our rules.
Pursuant to that order, Cheek on November 19, 1964 petitioned this court for a review of our order
Before the hearing counsel for the bar served on petitioner a statement of objections listing 12 specific charges of alleged misconduct which occurred while he was practicing in New Mexico. The petitioner filed a formal answer to the statement of objections, thus forming the issues to be resolved by the hearing. Prior to the hearing the bar, by stipulation, was permitted to supplement its statement of objections by adding four charges involving petitioner’s conduct while he was employed by Land Associates, Inc., between January, 1963, and March, 1965. Petitioner also filed an answer to the supplementary charges.
The trial committee of the Board of Governors held a hearing on December 10-11,1965, and thereafter made written findings and unanimously recommended that Cheek’s application for admission be denied.
Thereafter the Board of Governors reviewed the record and by the unanimous vote of the nine members participating in the decision concluded that the petitioner lacks the moral character and general fitness requisite for admission to practice law in Oregon, and recommended that his application be denied.
The matter now comes before us for de novo review of the record made before the trial committee. We have had the benefit of briefs and oral argument in this court.
However, the four supplementary charges of misconduct present a far more serious problem. These charges involve conduct occurring between January 1, 1963 and March 24, 1965, while petitioner was employed as manager of Land Associates, Inc. Petitioner was charged with having signed the name of the president of the company to two checks without any au
Petitioner had no authority to sign the company checks. The checks had to be signed by the bookkeeper and by one of several authorized officers. It was petitioner’s practice when consummating the purchase of a mortgage or contract to obtain a check signed by the bookkeeper and then to go to the office of one of the authorized officers for the second signature. This usually involved a trip from Springfield to Eugene. Petitioner admits that on January 14, 1965 he signed the name of the company’s president to a check for $3,042.92 and delivered the check in payment for a land sale contract which was assigned to the company.
The second check was in the sum of $7,251, and was delivered by the petitioner on January 25, 1965 also in payment for a land sale contract. Petitioner does not admit that he signed the president’s name to the second check, but the evidence weighs heavily against him. Petitioner did not tell anyone that he had signed the president’s name to these checks, and the unauthorized signatures were not discovered until after petitioner was discharged. There was no charge or evidence that petitioner profited personally from either of these transactions. It will be noted that these checks were signed after petitioner’s application for admission had been preliminarily denied by our order of October 20, 1964.
With regard to the automobile, it was charged that in April, 1964, while in petitioner’s custody the car was damaged to the extent of $152.60. Petitioner reported neither the accident nor the damage to his
We must finally determine whether in our judgment, based on the record submitted to us, petitioner possesses the requisite moral character and general fitness to practice law in Oregon. We agree with the trial committee and the Board of Governors that he does not. The petition for admission to the bar of this state is denied.
Reference
- Full Case Name
- In the Matter of the Application for Admission to the Oregon State Bar of WILLIAM VANN CHEEK
- Cited By
- 1 case
- Status
- Published