In re Clifton
Idaho Supreme Court
Original proceedings for disbarment. “Although it is well settled .that the legislature may provide that certain acts or conduct shall require a disbarment, the accepted doctrine is that statutes and rules merely regulate the power to disbar instead of creating it, and that such statutes do not restrict the general powers of the court over attorneys, who are its officers, and that they-may be removed for other than statutory grounds.”
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Original proceedings for disbarment. “Although it is well settled .that the legislature may provide that certain acts or conduct shall require a disbarment, the accepted doctrine is that statutes and rules merely regulate the power to disbar instead of creating it, and that such statutes do not restrict the general powers of the court over attorneys, who are its officers, and that they-may be removed for other than statutory grounds.” (6 O. J. 584.) The legislature, being only co-ordinate with the judiciary, cannot deprive the courts of their inherent power to dispose of such cases as the…
1Opinion of the CourtMcCAETHY, J.
A petition asking for' the disbarment of the respondent was filed in this court by a committee of the Ada County Bar Association and the matter was referred to Judge Davis, of the third district, as referee to take the testimony, make findings and report to this court. This court did not pass upon the question whether the petition stated grounds for disbarment. The material facts found are the following: Eespondent Clifton was a member of the bar of Ada county, Idaho, and aware that the President of the United States and the state and county bar associations had called upon the lawyers to…
2Cases cited10 opinions
- Ex Parte WallSupreme Court of the United States · 1883
- Cohen v. WrightCalifornia Supreme Court · 1863
- People ex rel. Chicago Bar Ass'n v. BerezniakIllinois Supreme Court · 1920
- In re SchwarzAppellate Division of the Supreme Court of the State of New York · 1916
- In re BaumIdaho Supreme Court · 1920
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3Cited by3 opinions
- Braverman v. Bar Assn. of Balto.Court of Appeals of Maryland · 1956
- In Re DampierIdaho Supreme Court · 1928
- Jones v. BensonSupreme Court of Oklahoma · 1932