What would be appropriate disbarment and pardon for an attorney found guilty of perjury?

California, United States of America


The following excerpt is from Jones, In re, 487 P.2d 1016, 5 Cal.3d 390, 96 Cal.Rptr. 448 (Cal. 1971):

Respondent's application for a pardon has been unsuccessful. No other proceedings are pending. And even if the 'newly-discovered' evidence had been found in time to have been considered on motion for new trial it does not meet the test stated by this court in People v. Williams (1962) 57 Cal.2d 263, 270, 18 Cal.Rptr. 729, 733, 368 P.2d 353, 357. 15

Under the circumstances shown disbarment would be appropriate. Respondent[5 Cal.3d 400] had many years experience as an attorney and in real estate matters. He was not shown to have been influenced by other persons. He acted in deliberate violation of his duties as an attorney at law and an officer of the court. He practiced a wilful deception upon the court and upon the public. He caused serious harm to others. He made no restitution. He made no showing of any emotional, mental, financial, physical or other problems which might have contributed to his wrongdoing. This court must protect the public's right to presentation by attorneys who are worthy of trust and who fulfill the professional standards required of them. (Alkow v. State Bar (1971) 3 Cal.3d 924, 936, 92 Cal.Rptr. 278, 479 P.2d 638.)

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