insanity, and order of commitment on file in my office, and that I have carefully compared the same with the originals. In witness whereof, I have hereunto set my hand and affixed the seal of said superior court, this [Seal.] day of 19 County Clerk and ex-officio clerk of the Superior Court [etc.]. Form No. 1290. Petition for disbarment. Form No. 1291. Verification of petition for disbarment. (Cali Form No. 1292. Order addressed to accused to appear and an Form No. 1293. Form No. 1294. swer....... Demurrer or objections to accusation..... Page 1955 1956 1956 1957 1957 1958 state of attorneys-at-law and members of the bar of said county and state, and make and present this their accusation to the said court, in and for said county and state, as follows: 1. That A. B. is, and at all times herein mentioned continuously has been, an attorney-at-law, duly licensed and admitted to practise in all the courts of the county of state of ; and that said A. B. is now, and during all of said times has been, a practitioner in said courts. That the said A. B. is hereby accused of unprofessional conduct warranting his disbarment, upon the following facts, which facts are hereby made the basis of this charge and accusation, to wit: [Here set forth the facts showing (1) his conviction of a felony or misdemeanor involving moral turpitude; or (2) wilful disobedience or a violation of an order of the court requiring him to do or forbear an act connected with, or in the course of, his profession which he ought in good faith to do or forbear, and any violations of the oath taken by him, or of his duties as such attorney and counselor; or (3) corruptly or wilfully and without authority appearing as attorney for a party to an action and proceedings; or (4) lending his name to be used as attorney and counselor by another person who is not an attorney and counselor, or any other acts made cause for disbarment by statute. Set out the facts fully upon each ground and all grounds of accusation.] Wherefore, your informants pray, that the court make an order requiring the said A. B. to answer these accusations, and if upon an investigation thereof he be found guilty of the matters herein charged, that he be dealt with as the law directs. M. N. [District Attorney of County], or C. D. and E. F., for petitioners and informants, in pro. per. [Verification as in form No. 1291, or as otherwise provided by statute.] FORM No. 1291-Verification of petition for disbarment. (California.) County of SS. E. F., being duly sworn, says: That he is one of the informants named in the foregoing accusation; that he has read the same and knows the contents thereof, and that the charges contained therein are true. [Jurat of notary.] E. F. Verification of petition for disbarment.-Verification upon information of the informants in a proceeding for disbarment is insufficient: In re Hotchkiss, 58 Cal. 39, 40, citing Cal. C. C. P. §§ 290, 291; In re Hudson, 102 Cal. 467, 468, 36 Pac. 812. Where the verification is in the exact language of the statute it is sufficient: In re Collins, 147 Cal. 8, 10, 81 Pac. 220. FORM No. 1292-Order addressed to accused to appear and answer. charging that you have been guilty of [here state the offense] as a counselor and attorney-at-law, [if the accusation is accompanied also with affidavits, so state, designating the same by the names of affiants,] a copy [or copies] of which accusation [and affidavits] is [or are] hereto annexed and herewith served upon you; and the court being advised in the premises: You are hereby ordered and required to appear and answer said accusation at the courtroom of this court on the day of 19, at the hour of o'clock of said day. [The time under the California statute, § 292 C. C. P., must be at least five days after date of service of this order.] [Date.] S. T., Superior Judge. [Annex copy of accusation (and affidavits, if any).] FORM No. 1293-Demurrer or objections to accusation. [Title of court and cause.] Now comes the defendant named in the accusation filed herein, and appears and answers to the said accusation as follows: Defendant demurs to said accusation upon the ground that the same does not state facts sufficient to constitute a cause for accusation or for the disbarment or suspension of defendant as an attorney or counselor. And defendant further objects to said accusation upon the following grounds: [Here set forth any other objections as to the legal sufficiency of the accusation.] Wherefore, defendant prays that said accusation be dismissed, and that he be given such other relief as may be proper. M. N., defendant. A. B., Attorney for defendant. For the substance of an accusation for disbarment deemed sufficient as against demurrer, see the third count of the accusation in In re Collins, 147 Cal. 8, 18, 81 Pac. 220. FORM No. 1294-Judgment of disbarment where the accusation is based upon a conviction of a felony. [Title of court and cause.] C. D. and E. F., having preferred charges, and having presented to this court and filed therein their accusation, in writing, duly verified as required by law, against the above-named defendant; and proof having been made to the satisfaction of the court that a Jury's Pl.-124. the said day of copy of said accusation [etc.], together with an order to appear and answer, was duly served upon said. defendant; and whereas, defendant, interposed an answer thereto and hearing upon said accusation, and the answer thereto was in due course regularly had; and the court having heard the proofs, wherefrom it appears that the said charge in the said accusation is true, and that on the 19 the said defendant was by a judg ment duly given, made and rendered in the court of state of Now, upon all the papers, testimony, and proceedings herein: It is hereby ordered and adjudged, that the name of said defendant, be and the same is hereby authorized to be stricken from the roll of attorneys and counselors of this court, and that defendant be and he is hereby precluded from henceforth practising as an attorney or counselor at law in any of the courts of this state. [Date.] convicted of [here state the felony charged]: S. T., Superior Judge. FORM No. 1295-Judgment or order of suspension. [Title of court and cause.] [After recitals as to filing of the accusation, and service thereof, together with the order to appear and answer, of the hearing thereon, and of the proofs and findings of any charge (specifying it) under the statute warranting the court in pronouncing judgment of suspension:] It is ordered and adjudged, that the defendant herein be and he is hereby deprived of the right to practise as an attorney or counselor in the courts of this state for the period of [here designating the period for which the suspension is to continue]. [Date.] S. T., Superior Judge. CHAPTER CXLVIII. Proceedings in Juvenile Courts. Page Form No. 1296. Petition for arrest and examination of a delin- 1961 Form No. 1297. Citation to parent or custodian. (California.) 1961 Form No. 1298. Certificate of service of citation. (California.) 1962 (Utah.) 1962 Form No. 1300. Subpoena. (California.) 1963 Form No. 1301. Sheriff's certificate of service of subpoena. 1963 1964 1965 Form No. 1302. Commitment of dependent child. (California.) ... Form No. 1306. Return endorsed upon bench warrant. (Cali- Order admitting to bail. (California.)... Form No. 1310. Affidavit on application for a permit for a (California.). Form No. 1311. Recommendation that permit issue.. ....... 1967 1968 1969 1969 [Note: The manifest injustice which so long prevailed in dealing with the delinquencies and offenses of children has prompted the author to include a chapter devoted to this subject in this, a work relating to civil matters. To classify the delinquent acts of juvenile offenders as crimes, or even as quasi-crimes, in the sense in which these terms are ordinarily understood, is not only to unjustly, but, we submit, to falsely, stigmatize such acts and the children who may be the unfortunate, misguided, or indiscreet offenders. The reason for this statement is that offenses committed by children are never, beyond a reasonable doubt, characterized by the one absolutely essential characteristic of every crime-a criminal intent, i. e., an intent which is based upon understanding and purpose. The statement might be ventured that the very commission of the offense by a person of immature years itself points the deficiency and weakness. It may be questioned whether retributive, as opposed to reformative or corrective, measures are ever justified in dealing with even adult offenders; but as to delinquent children, who are naturally of immature understanding, generally vacillating in will, and almost invariably unfortunate in their environments, there can be no reasonable or humane dissent from the principle that the measures brought to bear upon them and their delinquent acts should in every case be corrective only, and as far removed as possible from the terminology, methods, and practices incident to jurisdiction over crimes.] |