Byington v. Moore
Supreme Court of Iowa
Appeal from Page District Court. The plaintiff presented to the court below an accusation, verified by his own oath, charging defendant, who is an attorney at law, and a member of the bar of the state, with certain crimes and breaches of professional duty, and asking that an attorney of the court, or a committee of attorneys, be appointed, to present to the court charges and specifications against defendant, based upon the accusation, with a view to his final disbarment.
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Appeal from Page District Court. The plaintiff presented to the court below an accusation, verified by his own oath, charging defendant, who is an attorney at law, and a member of the bar of the state, with certain crimes and breaches of professional duty, and asking that an attorney of the court, or a committee of attorneys, be appointed, to present to the court charges and specifications against defendant, based upon the accusation, with a view to his final disbarment. The court ordered the accusation to be filed, and that defendant be ordered to plead thereto at the next term of the court.…
1Opinion of the CourtBeoK, J.
I. We find no express authority conferred by statute upon the court to appoint an attorney to conduct prosecutions of this character. An attorney may be appointed to draw up an accusation against a member of the bar for criminal or unprofessional conduct, looking to his disbai-ment; (Code, § 219;) but it is probable that the court, in the exercise of its inherent authority, could require a member of the bar to discharge such duty. But the exercise of such authority rests in the sound discretion of the judge. The abstract before us fails to show any facts upon which we may find, or even infer,…
2Cited by3 opinions
- Burrage v. County of BristolMassachusetts Supreme Judicial Court · 1911
- Torske v. Commonwealth Lumber Co.Supreme Court of Minnesota · 1902
- State Ex Rel. Greene County Bar v. HuddlestonSupreme Court of Arkansas · 1927