State v. Preston

(on motion for rehearing). While we deny rehearing on the merits, the brief of the defendant raises several points that we deem merit clarification in that they are relevant generally to disbarment and disciplinary proceedings in this court.

The defendant’s brief is premised upon the misconception that this court reviews the findings of the referee and applies an evidentiary test to determine whether the referee’s findings are supported by the proper quantum of evidence. This is not correct.

A disciplinary proceeding is brought as an original action in this court, and the function of the…