In re Liceaga
In re Liceaga
Opinion of the Court
delivered the opinion of the Court.
Respondent José Antonio Liceaga was admitted to the practice of law on February 24, 1950. He held the office of District Judge from April 16, 1951 until September 30, 1957, when his resignation became effective. The facts to which we shall refer hereinafter occurred while the respondent was acting as District Judge of Carolina.
On September 1,1959 and in compliance with our decision of the preceding May 18, the Attorney General of Puerto Rico filed a complaint against Mr. Liceaga, charging him with the following counts:
“FIRST CHARGE
“That while he held the office of Judge of the District Court of Puerto Rico, Carolina Part, and within the period between October 13, 1956 and September 13, 1957, he sentenced and imposed fines and costs on various defendants at the time when several cases were being submitted to him for determination of probable cause without any complaint having been filed, and having appropriated to his own use and benefit the sum of $577.25 for fines and costs which he had imposed in an illegal manner; which money was reimbursed to the Office of the Secretary of the Court days before his resignation was effective, it appearing in the record that said judgments were imposed on September 13, 1957, on which date the respondent was on vacation and the court was not holding any sessions whatsoever in the town of Carolina; said acts constituting immoral conduct unbecoming an attorney at law who performs the duty of a judge.
“SECOND CHARGE
“That the respondent borrowed money from Manuel Fer-nández Corujo, who was accused of a violation of the Weights and Measures Act, which case was going to be heard before him, of which fact he was aware. Fernández Corujo. was ac*248 quitted and the money which the respondent had borrowed from Mm has not been paid yet, this fact constituting' immoral conduct, unbecoming- an attorney at law who performs the duty of judge.”
The respondent answered and denied that his conduct .had been immoral and unbecoming, and in relation to the :first charge he specifically denied having appropriated “to his own use and benefit” the amount of fines and costs imposed in the manner described in said charge. We appointed Hon. José M. Calderón to receive the evidence and to submit a report with his findings of fact. The report was presented, and with the exception of the objections raised by the respondent to which we will refer hereinafter, it has been accepted by the parties.
I
In the first place and although it has not been . raised by the respondent, we should consider whether, within ■our function to discipline the legal profession, immoral and unbecoming conduct adopted by an attorney while performing the duty of judge, or on occasion of his functions as such, constitutes sufficient cause for disbarment.
The removal, as well as the admission to the practice of law, is an inherent power of the Supreme Court of Puerto Rico. In re Pagán, 71 P.R.R. 712 (1950); In re Abella, 67 P.R.R. 211 (1947); In re González, 65 P.R.R. 357 (1945); In re Bosch, 65 P.R.R. 232, 235 (1945); Ex parte Jiménez, 55 P.R.R. 51 (1939). For that reason, the causes which the Legislature
In In re Abella, 67 P.R.R. 211, 220 (1947) we considered a similar situation upon deciding a disbarment proceeding for conduct adopted by the respondent while he held the office of Registrar of Property. We held specifically that respondent’s misconduct in the performance of said duties is pertinent “in determining if he is fit to remain a member of the bar.” At the time when the complaint was heard Abella had ceased in his duty as Registrar.
We therefore decide that unbecoming and immoral conduct adopted by a judge may cause his disbarment or suspension as attorney at law, even if he has ceased as a magistrate on the date the proceedings are commenced.
II
In the report presented, the Master found that in addition to the loan made from Manuel Fernández Corujo, to which the second charge specifically refers, the evidence revealed that the respondent, during his tenure as judge of the District of Carolina, received loans from other persons; in two occasions he made out checks without having sufficient funds at the time of their issuance; and that he intervened in a sale transaction of an immovable, and the proceeds which were trusted to his custody were not deposited at the office of the clerk of the Court.
Ill
The Master found proved the first charge preferred against the respondent. We have examined the evidence offered and we are satisfied that the findings of said officer-are extensively supported, and that it has been established that while the respondent was performing the duty of Judge in the District of Carolina, he sentenced and imposed fines and costs on eighteen defendants at the time the cases were being submitted by the police officers for determination of probable cause and when the complaint had not been filed yet, and that the respondent kept in his possession the money which he charged on account thereof. Afterwards, he reimbursed the amount collected and made the date when sentence was pronounced appear as the date when the money was reimbursed.
The conduct observed by the respondent is extremely serious; it would have been sufficient cause for his removal •as judge and renders him incapable of continuing in the •practice of the profession as attorney. Even though the •respondent restored the amounts retained by him we must nevertheless act rigorously, because his conduct tends to impair the public’s concept of justice and to underrate the moral •conditions which every attorney should possess.
As to the second charge, we should state that the evidence ■does not show conclusively that the concession of the loan made by Fernández Corujo to the respondent influenced the judicial determination of the latter within the criminal prose-cution on trial. The mere coincidence of the acquittal is not sufficient ground for the sole inference that there exists a relation between the loan transaction and the final deter■mination of the case.
In view of the seriousness of the acts committed by the; respondent and of our obligation to maintain the faith of the people in the administration of justice at the highest level of public responsibility, we order the removal of respondent José A. Liceaga from the practice of the law profession and we order that his name be stricken from the Roll of Attorneys.
APPENDIX A
Date Date Judgment Date of and Collection Filing Payment Fines and Receipt of Fines Costs Number
T-56-738 Ramón Llanos Buitrón 6/19/56 9/13/57 3/30/56 5104048'.
T-56-739 Ramón Llanos Buitrón 6/19/56 9/13/57 3/10/56 5104049'
T-56-1804 Jovino Ribot Piñero 11/8/56 9/13/57 11/4/56 514046'.
T-56-2050 Primitivo Millán Soto 11/23/56 9/13/57 11/11/56 514044
T-56-2051 Esther Pérez de Jesús 11/23/56 9/13/57 11/11/56 514045.
T-56-2058 Andrés Rivera Marín 11/26/56 9/13/57 11/19/56 514047
T-56-2099 Julio García Díaz 11/27/56 9/13/57 11/22/56 614035;
T-56-2237 Benicio Sánchez Rivera 11/29/56 9/13/57 11/16/56 514043.
T-57-368 Andrés Torres Padilla 10/26/56 9/13/57 10/13/56 514055
514056
T-57-938 José Dolores Rosa Ponce 3/25/57 9/13/57 3/19/57 514037
T-57-1062 Angel R. Benitez Malpica 4/23/57 5/22/57 4/9/57 448200
T-57-1258 Marcial Tapia 4/17/57 9/13/57 4/9/57 514050'
T-57-1259 Lorenzo Márquez 4/17/57 9/13/57 4/9/57 515053.
T-57-1260 Lorenzo Márquez 4/17/57 9/13/57 4/9/57 514051
T-57-1261 Laura Roberto 4/17/57 6/7/57 4/9/57 461527
'T-57-1263 Lorenzo Márquez 4/17/57 9/13/57 4/9/57 514052
T-57-1264 Lorenzo Márquez 4/17/57 9/13/57 4/9/57 514054
T-57-1266 Ramón Ortiz Ortiz 4/17/57 9/13/57 4/7/57 514040
T-57-1268 Daniel Pino 4/17/57 9/13/57 4/7/57 514038
T-57-1273 Lino Viera 4/12/57 6/7/57 4/6/57 461526
T-57-1274 Francisco Sabat 4/12/57 6/7/57 4/9/57 461525
T-57-3500 José A. Bloise Castro 8/22/57 9/4/57 8/3/57
Section 9 of the Act of March 11, 1909 (Sess. Laws, p. 96, 4 L.P.R.A. $ 735) enumerates as causes for disbarment or suspension, deceit, malpractice, felony, misdemeanor committed in connection with the practice of the profession or any crime involving moral turpitude; In re Hernández, 79 P.R.R. 32 (1956); § 10 (4 L.P.R.A. $ 736) of said law refers to deceit or collusion, or consent to any deceit or collusion with intent to deceive the court or a party; § 11 (4 L.P.R.A. § 742) states as cause for removal from office, the purchase, subject to certain exceptions, of a thing in action, for the purpose of bringing an action thereon; § 7 of Act No. 17
See, as cases illustrating that the cause for disbarment need not be related to the practice of the profession: State ex rel Hunter v. Marconnit, 280 N. W. 216 (Neb. 1938) (broker); In re Conner, 207 S.W.2d 492 (Mo. 1947); Oregon State Bar v. Sehmalz, 129 P.2d 826 (Ore. 1942) and State ex rel. Nebraska State Bar Ass’n v. Merten, 7 N.W.2d 874 (Neb. 1938) (judicial administrator); Clark v. State Bar, 246 P.2d 1 (Cal. 1962) and In re Rackoff, 71 N.Y.S.2d 199 (1947) (tutor); see, also, In re Portniok, 169 N.Y.S.2d 178 (1957); In re Shapiro, 34 N.Y.S.2d 286 (1942) and In re Bennethum, 161 A.2d 229 (Del. 1960). Cf. In re Currás, 81 P.R.R. 626 (1960); In re Aponte, 79 P.R.R. 3 (1956), in which he was suspended only from the practice of the notarial profession. See, also, Gorman, Attorneys, Private Misconduct as Ground for Disciplinary Action, 31 Notre Dame Law 69 (1955); Bugliari, Disbarment: Non-Professional Conduct Demonstrating Unfitness to Practice, 43 Cornell L. Q. 489 (1958); Mapel, Extra-Professional Misconduct as a Ground for the Disbarment of an Attorney in Pennsylvania, 62 Dick. L. R. 268 (1958).
Master’s report, pp. 16-18, incl.
Sworn statement of respondent José A. Liceaga, pp. 263-67, 281-88, and 298-300 (Exh. 2 of the petitioner) which the respondent also submitted in evidence (Tr. Ev., p. 48).
See Gerding, Rules of Evidence in Disbarment, Habeas Corpus, and Grand Jury Proceedings, 68 Mich. L. R. 1218 (1960).
In his findings of facts the Master, apparently, relying on the tacit acceptance of the answer to the complaint, established that the respondent retained in his possession until September 13, 1957 the amount of the fines “imposed” in all the cases as well as the costs collected. This is
The testimonies of the respondent (Tr. Ev., pp. 12-13 and of the •witness Mr. Abraham Freyre (Tr. Ev., pp. 16-20) rather demonstrate that the defendant Fernández Corujo was skillfully represented, that his lawyer raised various questions in law; that the result of the case was ■doubtful, and that the respondent intervened to advise the defendant so •that he would admit his guilt, which the latter refused to do.
Cf. Canon VIII of the Canons of Judicial Ethics for the Judiciary of the Commonwealth (4 L.P.R.A., App. IV, C. VIII) in effect since-September 24, 1957.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.