State Ex Rel. Dale v. Vernor

Citations

• 191 P. 729
• 79 Okla. 124
• 1920 OK 129
• 1920 Okla. LEXIS 43

Syllabus

<p>(Syllabus by the Court.)</p> <p>. 1. Attorney and Client — Disbarment Pro-c-'edinfs — Reference — Report — Couclu-siwness.</p> <p>A referee in a disbarment proceeding is an officer of the court, and the court has full authority to supervise and control his report by setting it aside, or confirming or modifying it, as the facts and the law require.</p> <p>2. Same — Presumption of Correctness.</p> <p>The report of a referee appointed to take evidence and report his findings of fact and conclusions of law in a disbarment proceeding is not conclusive as to either the findings of fact or conclusions of law, but is accorded every reasonable presumption of being correct. The burden is on the party attacking it, but it is to be freely set aside by the court if found to be incorrect.</p> <p>3. Srme — Disbarment Proceedings — Presumption of Innocence.</p> <p>In a proceeding to disbar an attorney at law, such attorney is presumed to be innocent of the charges preferred and to have performed his duty as an officer of the court in accordance with his oath, and the evidence in support of the charges must satisfy the court to a reasonable certainty that the charges are true and warrant a judgment of disbarment.</p> <p>4. Same — Judgment of Suspension — Sufficiency of Evidence.</p> <p>Transcript of the evidence examined, and held, that the same supports the findings of the referee as the same are modified by this court, and as so modified they are confirmed, and judgment of suspension of the respondents rendered accordingly.</p>