Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1913-03-21
HAWKINS CASE
GOES OVER TO
APRIL TERM
Court Refuses TO Pass on Ap-
pliCatiOn Of Attorney for
Reinstatement
DISCUSS FACTS
IN THE CASE

Special to THE EVENING JOURNAL.
DOVER, Del, March 2l-In the
Kent County Superior Court here yes
tefday, Chief Justice Pennewin hand
ed down the following decision in the
application OF John ID. Hawkins, OF
lover, former member OF the Kent
county BAR for reinstatement as
member of the Kent county bar:
After a careful consideration OF
this application, We have concluded
that the Court should not make any
maj order in the case until some
oenhlte recommendation is made by
the bar through its association and
examining committee respecting the
merits Of the application. We do not
think the resolution adopted by the
bar Association and died in this case
can be regarded as a recommendation
IN any sense, neither does il furnish
the Cour, any Information or assist
ance in the discharge OF a duty which
is not only very delicate and em-
barrashine, but exceedingly important
The resolution referred to is in the
following words:
Now. therefore, be il resolved, that
the Bar Association will raise no OBJ
lection 10 the Reinstatement Of John
ID Hawkins when such application is
considered by the Court
The obvious meaning OF the resolu-
ton is, that If the Court shall assume
the responsibility of re-instating the
applicant. the bar of this county will
not criticise its action. Such is its
only effect when fairly interpreted
and il is needless to say that neither
the Court nor the applicants case is
III any way aided thereby.
Our recollection and information
is that the name of Mr. HOwkins was
stricken from the roll Of the attor-
neys Of this Court at theApril term
A. ID 1900, upon his own application,
after motion had been made on be-
half of the Kent County Bar Associa-
ton for the issuance of a rule on him
TO show cause why he should not be
disbarred This motion was made in
pursuance of the action taken by the
association on the report or its board
Of censors. after Mr.. Howldns had
pleaded guilty to an indictment charg-
ing a serious offense and after sent
ence had been imposed therefor. I'm
mediately after such motion was
made, and upon the application of Mr.
Hawkins in open Court, his name was
stricken from the roll of attorneys by
order of the Court
In view Of these facts we think
that before the order then made is
revoked, or the applicant is re-
ins;ated as a member Of this Bar, the
Court should not only have the in
formation that viii justify the action
asked for, but also.a clear expression
from the Bar showing its attitude and
feeling with respect to the granting
Of the application.
Mr.. Hawkins retirement from the
Bar was caused by the proceedings
taken by the association after con-
sidering the report made by the Board
OF Censors. He has lived in Dover
since that time and surely the at
tQrneys pracicing here should know
better than the Court, whether his
character. conduct, record and stand
ing in the community have leen such
as TO justify his readmission And,
moreover VIC would like TO be advised
by counsel whether the courts OF any
state have ever rcinstated a member
of the Bar who had been disbarred,
or whose name had been stricken
frcm the roll Of attorneys, after the
commission OF an Offense OF as high
as grade as that for which the apple
ant was convicted and punished We
are not certain and therefore wish TO
be advised, whether any authority can
be shown from adiudged cases will
warrant such action on the part of
the Court
"Wo arc confronted in this case
with one of those embarrassing duties
which a court must sometimes meet.
and il is needless to state what we
would do if We should be governed
entirely by our personal feelings and
sympathies for the applicant and his
family. 1t is just as needless to say
that we must not be unduly influenced
by our personal feelings in the dis
charge of an important public duty
While we have no disposition TO
eVade the performance Of our duty
IN the present case, we feel that there
is, in this matter, a duty resting upon
the Bar as well as upon the Court;
and we also realize that the people
have an interest in the proceeding