Ex parte Tyler

Citations

• 107 Cal. 78
• 40 P. 33
• 1895 Cal. LEXIS 713

Syllabus

<p>Attorney at Law—Violation of Duty—Disbarment—Res Ad jodio ata. A judgment of the supreme court that an attorney has been guilty of a violation of his duty as attorney and counselor, and of his oath of office as such, is a judicial determination of that fact, by reason of which the court is estopped from subsequently investigating the sufficiency or legal effect of the proofs to establish the charge; and a subsequent denial of a motion to modify the judgment is also a conclusive determination that the court did not exceed its authority in rendering the judgment.</p> <p>Id.—Relation of Offense to Office of Attorney—Previous Conviction, When and When not Necessary—Power of Court—Discretion.—When an attorney has violated the laws of the state in a matter distinct from his professional conduct, and not by virtue of his office as an attorney, courts will not entertain any proceedings for his disbarment until after he has been convicted of the offense charged; but when he is charged with violation of his professional obligations, either to his client or to the court, it is no defense to a proceeding for his suspension or disbarment that the same transactions may render him liable to a criminal prosecution, and the court has power to strike his name from the roll of attorneys, and this power is not suspended until after his previous conviction of crime, although the court may in its discretion withhold the exercise of the power, as the facts of any particular case may suggest would be appropriate.</p> <p>Id.—Construction of Code.—Under subdivision 1 of section 287 of the Code of Civil Procedure the conviction of an attorney of felony or misdemeanor involving moral turpitude is ground for his disbarment, whether such offense was committed in his private capacity or by virtue of his professional relation; but there is no limitation upon the power of the court for the removal or suspension of an attorney who has been guilty of any violation of the oath taken by him, or of h