The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1920-07-23
BevinS Wins Second
Round From Burr
Supreme Court Makes MandamuS Per-
manent Permitting County AttOr-
ney To Practice -Fight To DiSbar
Still To Come.

-
County Attorne' e. r. Bevins won
a second victor owe Judge Burr i'll
the actions ir ,tituted against him by
the second circuit court magistrate,
when the .preme court, in Honolulu
last Frid y made permanent the alter
native oNrit of mandamus issued previ-
ously on Bevins' petition to compel
the local court to recind its order pro-
hibiting his practicing as an attorney,
or acting in his official capacity as
county attorney. The first round won
by Bevins, was when the supreme,
court granted a writ of habeas corp
when Bevins refused to pay a $50 Ane
levied by Judge Burr for allege con-
tempt of court.
While the county attorn y is now
clear of the contempt busi Tess, and is
also in position to carr on his prac-
tice of law, it does = I mean that his
difficulties are end in this connec-
ton. Presumab" Attorney GeneralHar.
ry Irwin wiz ~ out Judge Burr's in.
structions 20 file disbarment charges
against Bevins in the supreme court,
thouII when this will be done is not
KIN wn. Burr charges that Bevins has
ff ed to prosecute various law viola
tors, and has otherwise improperly
conducted his Office.
The Mandamus Action
The cause for the mandamus action
by Bevins began on June IS, last,
while the circuit court was in session,
County Attorney Bevins appeared be-
fore the court for the purpose of nov
ing for the arrangement of certain de-
PENDANTS who had been indicted by
the grand jury for various criminal
offenses.
Judge Burr refused to recognize Bev
ms as an attorney of the court either
in his private capacity or in his pub
lie capacity as county attorney until
such time as the territorial attorney
general might report upon alleged
derelictions on the part of the county
attorney and which the judge had
mentioned in open court. Judge Burr
said that he would ask the attorney
general to investigate Bevins' official
and professional conduct and to in
stitute proceedings before the SUI
preme court to disbar or suspend him
if, in his opinion, the facts warranted
such action.
Shortly after Bevins appeared be-
fore Judge Burr and requested the
latter to vacate and set aside the Or
der of suspension. This was refused
and the Maui county attorney secured
from the supreme court an alternative
writ of mandamus directing Judge
Burr to vacate his order Of suspension
or appear in the supreme court and
show cause why the alternative writ
of mandamus should not be made
perpetual.
Without Jurisdiction
The supreme court in it's opinion
says that "the judge of the circuit
court was entirely without jurisdiction
to PREJUDICE of the guilt of the accused
and to summarily suspend his license
| without a hearing"
In view of these grave conse-
quences," says the supreme court, af-
ter an exhaustive review of the case,
cit is of the highest consideration that
the power to suspend or disbar be
only exercised in proper cases and af-
ter a careful examination and then
only after the accused has been offer
ed the fullest opportunity to be heard.
This is not only the dictate of
Justice but the uniform practice car
ried into express adjudication in all of
the case with which we are familiar.
If the alleged misconduct occurs in
the presence of the court the formal
fifty of specific charges to be preferred
by the aggrieved party or the attor-
~ney-general may be dispensed with,
-