Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-06-15
AMENDS COURT RULES
Action Taken Upon Request
Of Bar Association.
BSTITUTE SECTION
INTENDED TO APPLY TO AT
ToRNEYs CHARGED WITH CRIME.
Members Of Profession Who May Be
Accused Of Dishonesty or
Malpractice.
DESTITUTE SECTION

The Supreme Court Of the District of Co
lumbia, sitting in general term, after a
conference with the grievance committee
OF the Bar Association. this afternoon
adopted substitute for section of one of
the common law rules of the court. the
purpose being to reach members of the bar
who may be accused of dishonesty or gross
malpractice in their profession.
The adoption Of the new rule is the out
come of consultations between the board Of
directors of the Bar Association and its
grievance committee and the court" Mr..
Hugh I. Taggart, president of the Bar
Association, explained to Star reporter
this afternoon. The conclusion was
reached that radical change in the old
rule was necessary in order that prompt in
vestigation and action should follow in
cases Of charges of professional misbe-
hayior against members of the bar In our
opinion. the new rule is well adapted to Sc
sure that end
Several men well known as members of
the bar have been openly accused of dis
honesty and gross malpractice within the
past few years, and one of them has been
tried and convicted. The occurrences in
question impelled the Bar Association and
the court to investigate the situation, the
result being the adoption this afternoon of
a substitute for section of the existing
common-law rule of the court, No. 2.
Cause for Suspension.
The substitute section is as follows:
'6 Dishonesty, misconduct in office, con-
viction of crime involving moral turpitude
or unprOfessonal conduct involving moral
turpitude shall be cause for suspending or
removing any attorney from the Office of
member of the bar of this court.
". Whenever complaint in writing shall
be presented to this court in general term
charging a member of the bar of the court
with any of the causes for suspension or re-
moval, and setting forth the facts upon
which the accusation is grounded such COM
plant shall be forthwith referred TO a
standing committee of five members of the
bar of the court to be known as the COM
mittee on grievances, to be appointed by
the court and who shall serve for one year
and until their successors are appointed:
and it shall be the duty of said committee
forthwith to investigate such complaint and
to report thereon to the court, stating
whether the committee deem the facts as
ascertained by them to be insufficient to
support such complaint or deem it proper
upon such facts that the member so
charged should be called upon to ans xar
S. In the latter event charge shall be
formulated by the committee and submitted
with such report, and if the court >hall SO
order, shall be filed with the clerk of the
court. Whereupon the following proceed
lnSs shall be had; a copy of the charge,
certified by the clerk. together with noti-
HcatlOn that time 10 be designated therein
the court will proceed to hear and deter
mine the same. shall be forthwith served
upon such member by the marshal or
otherwise sthe court may direct in case
OF the inability of the marshal TO serve the
same.
Said committee. by one or more of its
members. shall present and prosecute such
charges, and the same shall be tried. Upon
all hearings subsequent to the filing thereof
the respondent shall be entitled to be pres
ent. to be heard by himself or counsel and
upon the trial to present evidence in his
defense.
May Be Removed.
''If, upon the trial, the court shall find
the respondent guilty of the charge, he may
be removed from Office and his name strick-
en- from the roll of attorneys and counsel
ors of the court. or he may be suspended
from practice before the court during such
time as the court may deem proper
80. II at any time the conduct of MEM
Der of the bar of the court, in any judicial
proceeding therein with which proceeding
such member was or is connected as coun-
sci or otherwise, shall appear to the court
at general or special term to be proper
subject of inquiry. then and in such case
the matter may be referred by such court
to the said committee on grievances, with
directions to investigate the same and re-
port thereon; and If the said committee
shall recommend that such member be call
ed upon to answer in respect Of his said
conduct, the committee shall formulate
against such member such charge as the
circumstances may require. and submit the
same to the court with their said report to
be dealt with as in section 8 provided
10. 1t shall Furthermore be the duty of
said committee to inquire into all cases Of
alleged misconduct of members of the bar
which shall otherwise come to their notice
and which, If true, would constitute cause
for suspension or removal as above de-
fined; and II upon such inquiry the COM
mittee shall in any instance deem the case
proper one for action by the court the
committee shall SO report to the court and
shall formulate such charge of misbeha-
vior as the circumstances may require and
submit the same to the court with their
report to be dealt with as in section pro-
vided.
III. If service cannot be had upon an
accused member of the bar of a charge
preferred against him under the provisions
of the foregoing sections the court may
In its discretion. order that such member
be suspended from practice until such sery-
ice shall be had. and in the meantime no
paper signed by him attorney and re-
lating to any legal proceeding in the court
shall be recorded filed In the clerks Of
flee.
10 Nothing herein shall be construed to
deprive the court of power, upon its own
initiative to direct the preferring of charges
against a member of the bar and the trial
thereof, or of the power to appoint prose-
cutors to present and prosecute the same
or to deprive the court of any other power
In the premises which II may possess"