In re the Disbarment of Wilcox

The opinion of the court was delivered by

Porter, J.:

On the ground that there is no statutory provision for the allowance of costs in disbarment proceedings, the accused asks that no costs be taxed against him. The proceedings were commenced before the enactment of chapter 64 of the Laws of 1913, concerning the disbarment of attorneys, which provides for the taxing of costs against the accused if found guilty, and against the state if he be acquitted. A number of courts have held that in the absence of statutory authority no costs will be allowed to either party in disbarment proceedings.…