The Maui news. [volume] (Wailuku, Maui, H.I.) 1900-current, 1922-09-15
ASSOCIATED PRESS

HONOLULU. Sept. 15.--In major
ity opinion handed down by the Su-
preme Court this morning in the pro
ceedngs brought by Harry Irwin
while attorney general asking the dis
barment of +. II. Bevins, county at
torney of Maui, it was ordered that
Bevins be suspended from the prac.
tice of law for the period of three
months and that his license to prac-
tice the profession be suspended for
that period. !
The majority opinion was concurred
in by Justices Perry and Banks and
I says in part: 1--WE think that utter
disbarment is not called for under
the facts that were presented to the
court, for the defendant is still a
Z young man, but we feel that mere
censure would not be adequate in the
circumstances of the case"
Justice Edings gave a dissenting
opinion and recommended the COM
plete eXoneration of Bevins on the
ground that the charges were not sup
ported by the evidence.
Written by Justice Perry
The majority opinion of the court,
b written by Justice Perry. consists of
So typewriter pages. 1t reviews the
entire proceedings at length, taking
up and commenting upon each OF the
several charges against Bevins con-
tanned in the information. The syl-
labus of the majority opinion, which
sums up the courts findings in the
case, is as follows:
"An attorney is no less liable to
disbarment or suspension for miscon-
duct because it occurs in his admin
istIation of the office of county at
tolney or because impeachment pro
r ceedings lie against him for removal
from office.
"Disbarment and suspension of an
attorney are intended, not as punish
. ment to the offending attorney, but
as protection TO the community in
: which he is licensed to practise.
: "A county attorney who, in the pres
q ence and hearing of the grand jurors
assembled in court 10 receive instruc-
tiOns concerning a criminal prosecu-
? ton about o be instituted by the at
5 torney general of the territory or one
t of his deputies, makes an address at
tacking the course of the attorney
t general or his deputy in institutng
$ such proceedings without consulting
= him (the county attorney, and does
5 so for the purpose of influencing the
: grand jury to indict the person about
4 to be accused of crime, is guilty OF
+ nfidelity to his clients, the county and
4 it's people, and violates his duty as
e county attorney and his duty as an
attorney at law.
Violation of Duty Cited
"a county attorney who, when in
formed by a defendant about to &c
to trio hat he
+ is ready to plead guilty and to tell
the court the whole truth as he knows
it, advises such defendant to plead
not guilty and to fight the case and
+ says to the defendant that the at
. toney general or his deputy who is
- conducting the prosecution will make
4 every effort to secure a conviction, is
guilty of infdelity to his clients and
violates his duty as county attorney
and as an attorney at law.
- "a county attorney who accepts EN-
. ployment as counsel, and a retainer
= from a plaintiff in a civil action de
e pending upon the same state of fact.
u constituting prima facie case of The
u offenSe of gross cheat against the de
IL fendant in the action, violates r. l.
a Sec. 1915, and his duty as county at
= torney and as an attorney at law, anC
d is guilty of infdelity to his clients
7 AN attorney may properly continue
until final judgment to act in an ac
Z tion of ejectment in behalf of a de
y fendant who insists in his dealing
Z with the attorney, upon the truth o
!! his (the client's) statements and evi
u dences concerning his understanding
u of certain interview and transaction
- even though citizens of high reputa
a. ton in the community have testifie
~ to a Numerically opposite under
~ standing of the same interview an
20 transaction.
ie "a county attorney may, withou
lo any violation of duty, enter noll
II prosequi in a case in which the de
VI fendant is charged with malicious il
jury, is the attorney believes that tn
y alleged destruction of property wa
= an act done in the fair assertion
- good faith of supposed legal right.
nj Present System Raped
ty In commenting upon the Kealaka
ne case, which forms the basis for on
to of the charges against Bevins, tn
wv majority opinion says that "it is il
Nv deed regrettable that the law as
of stands at present permits a count
attorney to attend to civil busines
sic other than tnat OF his every ia
by clients, the community and the count
* he represents. This very Kealaka
case constitutes an illustration of I'll
evils and embarrassments permitte
by the existing system, If the re
pondent, as county attorney, had NJ
all served as attorney for Kealakaa
ne these civil suits he might conceiyab
nd have deemed it to be his duty upC
I'm the very same state Of the eviden'
iIv to institute criminal proceedings t'
re perjury against Kealakaa.
The opinion continues:
u. Our findings under the thi
vat charge, relating to Botelho VS. Brow
ill under the fourth charge, relating
Waiwaiole, and under the sixth char