Evening star., 1938-08-18

pended or expelled from his ofice
as a member of the bar, shall be
served upon him. together with a
copy Of the charge. Of said order
and of said rule, returnable not less
than twenty days after its issuance.
and said member shall on or before
twenty days after such service file
his answer to said charge, subscribed
and verified by him, setting forth his
defense thereto, specifically admitting
or denying or explaining the facts
upon which charge is based. unless he
is without knowledge, in which case
he shall so state. such statement op-
Grating as a denial.
Service of said rule and the pap
ers aforesaid shall be by the marshal,
or otherwise as the court may di-
rect in case of the inability OF the
marshal to serve the same.
If the member Of the bar so charged
shall fail TO file his answer or make
defense on or before the return day
of the rule, the charge may, on mo-
ton of the grievance committee. be
taken for confessed. and set for hear
ing ex parte. Said committee, by
one or more Of its members. shall
present and prosecute such charge,
and the same shall be tried. Upon
all hearings subsequent to the i'll
ing thereof the respondent shall be
entitled to be present, to be heard
by himself or counsel. and upon the
trial to present evidence in his de-
fense, unless an order pro confesso
has been entered as above provided.
3. CONDUCT IN JUDICIAL PRO-
CEEDINGS.-If, at any time, the
| conduct of a member 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 term or special term,
to be a 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 to report thereon; and II the
said committee shall recommend that
such member be called upon to an
swer 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 2 provided.
4. COMMITTEE TO INQUIRE IN
TO ALL CASES-It shall further
more 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 con-
stitute cause for censure. suspension
or expulsion; and If upon such in
quiry the committee shall in any
instance deem the case a proper one
for action by the court. the committee
shall so report to the court and
shall formulate such charge Of mis-
behavior as the circumstance may
require, and submit the same to the
court with their report, to be dealt
with as in Section provided.
S. FAILURE OF SERVICE.-n
service can not be had upon an &C
cused member of the bar Of charge
preferred against him under the pro-
visions of the foregoing sections, the
court may in its discretion order that
such member shall be suspended
from practice until such service shall
be had, and in the meantime no pap
er signed by him as attorney and
relating to any legal proceeding In
the court shall be recorded or filed
in the clerks ONCE.
6. PROSECUTION RESERVED TO
COURT.-Nothing herein shall be
construed to deprive the court Of
power upon its own initiative to di-
rect the preferring Of charges against
a member Of the bar and the trial
thereof, or of the power to appoint
prosecutors to present and prose-
cute the same, or to deprive the
court of any other power IN the
premises which it may possess.
RULE %.
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