The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-19

AN ACT relating to the disbarment and
| the reinstatement of attorneys at law,
and the 9e9 ss zse G ta9 ang
443. OF the General Statutes of 1909.
Be it enacted by the Legislature OF the
State of Kansas:
Section /. Conviction of a crime. That
| in the case of the conviction of an attor-
ney at law, who has been admitted to the
par OF this state, OF felony or of a
the clerk of the court in which such
conviction is had must within thirty days
thereafter, transmit to the supreme court
certified copy of the record of convic-
ton, and the supreme court upon receipt
OF such record, must enter an order dis
barring such attorney. Upon reversal of
such conviction, or pardon by the COVER
nor, the supreme court shall have the
power to vacate such order of disbar-
ment.
Sec. 2. Disbarment or susnension An
attorney at law may be disbarred or
suspended by the supreme court and not
ny any other court, for any of the fol-
lowing causes arising after his admission
TO practice in this state: 1. For wiIfuI
olsooed1ence OF order of court reouir-
ing MN to do or forbear an act connect
60 with or In the course of his profession
Z. For a w1lful violation of his oath. or
or any duty imposed upon an attorney
az law. s. For neglecting or refusing
on demand, to pay over money in his
hands, due or belonging to a client. ex-
cePl Where such money is retained under
ponaflde claim of a lien for services
Withdrawing, mutilating, or altering any
paper or record belonging to the files
9r reGGpos IN IN any action or proceeding.
oy the supreme court on its own motion
or upon accusation as hereinafter provid-
ed.
Sec. 8. Accusation. Any person having
knowledge that an attorney at law has
rendered himself to be liable to disbar-
ment or suspension shall report the facts
constituting such alleged liability under
oath, and give the names of the wit
nesSes thereto, to member of the board
or law examiners. If such examiner be
satisfied that the accusation, if true con-
stitutes sufficient ground for disbarment
or suspension, and that the same is prob
aDly true, he shall refer it to the said
board. Said board shall investigate the
facts upon which the charge is based and
IT they find reasonable grounds for be-
neVlng the attorney guilty of the act
charged, or that any grounds for his dis
barment or suspension exist and that his
guilt can be proved, they shall make or
cause to be made to the supreme court
an accusation thereof. The prosecution
shall be conducted by the attorney general
assisted by the board of law examiners.
Sec 4. Order to appear-Proceedings
If the court deem the accusation suffi-
Gent to justify further proceedings it
shall make order requiring the &C
cuSed to appear and answer at a Speci-
fled time, and shall cause a copy of the
accusation and order to be served upon
therein appointed. The accused shall ap-
pear at the appointed time and answer
the accusation, either by objecting to the
sufficiency or by denying its truth. If
the accused objects to the sufficiency of
the accusation, such objection must be in
writing, signed by the accused or by his
attorney. If the accused deny the accusa-
ton, the denial must be in writing and
verified by the accused If the objection
to the sufficiency of the accusation be
not sustained, accused shall answer forth
with. If he plead guilty or refuse to an
swer, the court shall proceed to judg-
ment of disbarment or suspension. If the
accused deny the charge, then the court
shall appoint a commissioner to take the
evidence Accused may at any time pre-
vent further proceedings by the surren-
der of his license and the payment of the
costs already accrued.
Sec. 5. Testimony-How taken. Either
party shall have the right to subpoenaS
or other process to compel the attendance
of witnesses at such place or places as
the said commissioner may deem adVis-
able to take testimony; and testimony
may be taken by deposition in such cases,
in the same manner as in actions at law.
Upon the completion of the taking of
testimony the commissioner shall as soon
thereafter as possible prepare a COM
plete statement of his findings of fact,
and shall forthwith file the same, to-
gether with the transcript of the testf-
mony taken and all dispositions taken in
such cause, with the cerk of the supreme
court.
Sec g. Judgment. If the court find the
accused guilty of the charges made
against him, then the Judgment of the