In Re Levin
In Re Levin
Concurring Opinion
concurring. My Brother Kelleher dissenting says that he would have voted for disbarment rather than suspension were it not for respondent’s advanced age. That same reason prompts my conclusion that the administration of justice will not be hindered if we censure, instead of suspend or disbar, this 75-year-old attorney who, save for this one instance, has for almost half a century comported himself properly and in keeping with the ethics of his profession.
Opinion of the Court
On July 2, 1975, in accordance with the provisions of Sup. Ct. R. 42-12(g),
The evidence presented by Mr. Roche consists of a certified copy of the judgment of conviction which indicates that respondent was given a suspended sentence of 2 years with probation for 1 year. He was also ordered to pay a fine of $2,000.
On July 11, 1975, in accordance with the provisions of Rule 42-12(a)
On June 1, 1976, Mr. Archie Smith, the present Chief Disciplinary Counsel, notified this court that on May 13, 1976, the United States Court of Appeals, in an opinion by Senior Circuit Judge Bailey Aldrich, affirmed the judgment of the District Court, United States v. Levin, Nos. 75-1244, 75-1245, 75-1246 (1st Cir., May 13, 1976).
Thereafter, on June 3, 1976, in accordance with the provisions of Sup. Ct. R. 43,
On June 10, 1976, respondent appeared before us in chambers accompanied by his counsel, Saul Friedman.
Thus, respondent stands before us as a member of the bar of this state who has been convicted of a serious federal offense. His conduct, as evidenced by the record before us, warrants disciplinary action. The troublesome question confronting us relates to the nature of the disciplinary action which should be imposed in a case such as this. The respondent is now 75 years of age and had enjoyed an excellent reputation in his community both as a member of the bar of this state and as an exemplary citizen. Now, in the twilight of his life he finds himself enmeshed in this tragic situation.
It has been said that:
“The purpose of suspending or disbarring an attorney is to remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney, and thus to protect the public and those charged with the administration of justice, rather than to punish the attorney.” 7 Am. Jur.2d, Attorneys at Law §13 (1963).
Without condoning respondent’s actions in this matter, we do not believe that they prove him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney; nor do we believe that the protection of the public and those charged with the administration of justice require,
Notwithstanding the respondent’s previous good conduct, as well as his age and excellent reputation as a member of the Rhode Island Bar, it is nonetheless our judgment that, because of the high standard of conduct demanded of members of the bar, some form of disciplinary action must be imposed. After careful consideration of all the factors involved, it is our opinion that the ends of justice will be adequately served by ordering that the respondent be censured publicly for the conduct which resulted in his conviction.
It is so ordered.
By Order,
Supreme Court Rule 4242(g) reads as follows:
“Upon being advised that an attorney has been convicted of a crime within this state, Counsel shall determine whether the clerk of the court where the conviction occurred has forwarded a certificate to this court in accordance with the provisions of (f) above. If the certificate has not been forwarded by the clerk, or if the conviction occurred in another jurisdiction, it shall be the responsibility of Counsel to obtain a certificate of the conviction and to transmit it to this court.”
Supreme Court Rule 4242(a) reads as follows:
“Upon the filing with this court of a certified copy of an order demonstrating that an attorney has been convicted of a crime which is punishable by imprisonment for more than one year in this or any other jurisdiction, this court may direct the respondent-attorney to show cause why he should not be suspended during the pendency of any appeal and until the final disposition of any disciplinary proceeding instituted against him based upon such conviction.”
Supreme Court Rule 43 reads as follows:
“An attorney admitted to practice in this state who is convicted in a court of record of a crime which is punishable by imprisonment for more than one year in this or any other jurisdiction, may, in lieu of or in advance of proceedings pursuant to Rule 42, be ordered to show cause why his admission to the bar should not be revoked or suspended.”
On June 15, 1976, respondent filed a waiver of the provisions of Rule 42-12 (c).
Dissenting Opinion
dissenting. The respondent stands convicted of criminal activity which not only smacks of moral turpitude but more importantly seeks to subvert the judicial process. Within recent memory an attorney who had failed to file his federal income tax return, when he appeared before us on a show cause order as to why he should not be disciplined, pointed out to us that failure to file a tax return was not considered as a crime involving moral turpitude. While
Public censure of the respondent is totally inconsistent with our past actions and completely at odds with the high degree of professional conduct and standard of excellence that the public quite properly expects this court to demand from those who hold its license to practice law in this jurisdiction. Consequently, I must dissent from the order of censure. I would suspend the respondent from the practice of the law for a period of 3 years, and if it were not for his advanced age. I would have voted for disbarment.
I see no necessity for citing the specific cases of attorneys who have been before us for failure to file their federal tax return, but they can be found in the Attorney and Client section of the Rhode Island Digest.
Reference
- Full Case Name
- In Re: Max Levin
- Cited By
- 5 cases
- Status
- Published