Maginnis's Case

Citations

• 269 Pa. 186
• 112 A. 555
• 1921 Pa. LEXIS 535

Syllabus

<p>Attorney s-at-law — Disbarment—Procedure—Charges — Notice— Investigation — Assistant district attorney — Irregularities in office —Doses before grand jury — Public official — Presumption of proper motives — Examination—Incriminating questions — Costs.</p> <p>1. An. assistant district attorney in charge of a grand jury may add the name of a witness on an indictment, and summon him before that body. The mere fact that he did not make sure the witness would give testimony harmful to defendant, does not justify a conclusion that he acted with an improper motive; and this is especially the ease where there is nothing in the evidence to show that the officer acted from any evil or corrupt purpose.</p> <p>2. An assistant district attorney will not be disbarred because he took into the grand jury sworn notes of testimony in another ease, to check up the testimony to be taken, where it appears that he believed defendant to be innocent, and possibly desired the bill to be ignored, but there is nothing to show that he was moved by a corrupt purpose.</p> <p>3. In disbarment proceedings, where there are several charges against the attorney, in the office of assistant district attorney, and the accused files an answer in which he avers that he did not misbehave himself, such an answer does not throw open to investigation everything that he may have done during the occupation of his office.</p> <p>4. Lawyers cannot be disbarred for breach of good taste, and while they may be disciplined for ethical mistakes, absolute disbarment in such cases can seldom be justified, and this is particularly so where the matter in question is not contained in the written charges assigned as reasons for disbarment.</p> <p>5. A court may, of its own motion, institute proceedings for disbarment.</p> <p>6. The court may, in such proceedings, call and examine an attorney, subject to his right of declining to answer any question which may incriminate him.</p> <p>7. In disbarment proceedings against an