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• Title: Keenan
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 13, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

RUGG, Chief Justice. This is a proceeding for the disbarrment of an attorney at law. An original petition was filed on December 1, 1931, on behalf of a committee of citizens of the commonwealth. There were in it allegations that abuses and unprofessional conduct on the part of members of the bar existed in connection with actions of tort for personal injuries and property damages, and that public confidence in the administration of Justice was being seriously shaken by the widespread belief that unprofessional conduct was common among members of the bar concerning such cases and that the public welfare was being affected by clogging the dockets of the courts and delaying the Disposition of proper litigation. It was not directed against any particular person or group. No lawyer or other person was named as having offended. It contained a prayer that an inquiry be ordered and an offer to defray the expenses of such inquiry outside the usual fees of a commissioner appointed by the court to hold necessary hearings. An order was entered directing the inquiry. Two special commissioners were appointed. The general inquiry went forward. Hearings were had before one of these commissioners respecting alleged conduct of the respondent, who also appeared before him and testified. Many of these hearings were held prior to February 1, 1933. The commissioner filed a report concerning the respondent, which was described as his thirteenth report. Manifestly this commissioner earlier had made many investigations and filed twelve reports before the one here in issue. That report recommended that proceedings be taken for the disbarrment of the respondent. It was filed on March 31, 1933. On that date order of notice returnable on April 18, 1933, issued to the respondent to show cause why the recommendation should not be followed. There was a trial before a single Justice. It was agreed at the trial that the commissioner's report was not to be considered as evidence against the respondent but that the trial should be had upon the issues raised in that report. Testimony was introduced tending to show that the respondent corruptly influenced or corruptly attempted to influence a juryman or jurymen in five different cases tried in Suffolk county. As to one of those cases this testimony was found to be adequately corroborated, and the respondent was found to have corruptly influenced three jurymen in that case and was thereby guilty of gross misconduct. The corroborating evidence consisted of statements made by one of those jurymen who died on April 19, 1933. The single Justice found that the statements were made by him in good faith, upon his personal knowledge and before the charges against the respondent were filed in court. The respondent duly excepted to the admission of these statements. The evidence tended to show that the statements were made by the deceased juryman (after a promise by the Attorney General of immunity from prosecution for anything he might have done to be disclosed in the hearing) under oath before the commissioner, that they were taken by a stenographer and transcribed, and a properly identified copy was presented. The statements were made on February 9, 1933. After the trial the single Justice filed written findings, rulings and an order for disbarment. The respondent thereupon filed in writing a claim of exceptions to the 'findings, rulings and order.' The only ruling of law affecting the respondent was that relating to the admission of the statements of the deceased juryman. Whether that ruling was correct is the only question presented. In re Keohane, Petitioner, 179 Mass. 69, 60 N.E. 406; Parker v. Levin, 285 Mass. 125, 129, 188 N.E. 502, 90 A. L. R. 1446.

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