State ex rel. Wood v. Raynolds

Citations

• 22 N.M. 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Each court of superior and general jurisdiction possesses the power to disbar or suspend an attorney, for malfeasance or misfeasance in office, as a necessary incident to its organization, and the legislative department of the government, being only equal and co-ordinate with the judicial, cannot deprive the courts of such inherent power. Held, that a district court has the power to suspend an attorney from practice in such court, for fraud and deceit practiced upon such court, upon notice and hearing, until the Supreme Court, upon a hearing had, either disbars such attorney or restores him to his right to practice his profession.</p> <p>P. 3</p> <p>2. Courts possess no power to disbar or suspend an attorney upon an ex parte proceeding, .but such attorney must be given notice and have full opportunity to be heard and defend.</p> <p>P. 11</p>