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621 P.2d 263

Matter of Stump

Alaska Supreme Court

Decided December 5, 1980

Alaska Supreme Court · decided 1980-12-05

Key passage — most relied on by later courts

“would undoubtedly cause this court to reject his application out of hand, on the ground that he lacks that essential quality.”

quoted by 1 later decision, including In the Disciplinary Matter Involving Buckalew

“`[u]nless we keep clean our own house ... we cannot expect the public to have confidence in ... our system of justice.'”

quoted by 1 later decision, including In the Disciplinary Matter Involving Buckalew

Relies on 14 Cal. 3d 524 - In Re Kreamer · Ex Parte Thompson · Matter of Goldman

Good law ✅— No negative treatment on recordhow we know

Decided 1980-12-05

How this case has been cited

Cited by 11 later decisions — most recently April 2018

11 state decisions

401980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BURKE, Justice,

¶1dissenting in part.

¶2I respectfully dissent.

¶3“Repeatedly it has been said that, by admitting an attorney to practice, a court endorses him to the public as worthy of their confidence in professional matters.” Matter of Goldman, 588 P.2d 964, 983 (Montana 1978) (Harrison, J., dissenting). Thus,

The license to practice law in Alaska is, among other things, a continuing proclamation by the Court that the holder is fit to be entrusted with professional and judicial matters, and to aid in the administration of justice as an attorney and counselor, and as an officer of the courts.

¶4Rule 9, Alaska Bar Rules. “[I]f he becomes unworthy, it is the duty of the court to withdraw the endorsement.” 588 P.2d at 983 (emphasis in original).

¶5To be admitted to the practice of law in this state, one must demonstrate that he is “of good moral character.” Rule 2, § 1(d), Alaska Bar Rules. If Mr. Stump were applying for admission to the bar at this time, his admitted falsification of documentary evidence and acts of perjury would undoubtedly cause this court to reject his application out of hand, on the ground that he lacks that essential quality. I know of no instance, at least, where a person known to be guilty of such conduct has been admitted to practice by this court, nor can I imagine such a case.

¶6*270Once admitted, the requirement of good character does not cease. It continues to be one of the requisites of bar membership. As one court has described this requirement,

No matter how learned in the law a man may be, nor how skillful, he might be in the conduct of suits at law, or equity, he can never be admitted to the bar until he can satisfy the court that he possesses that first requisite for admission to the bar, a good moral character. Such character he must have when he knocks at the door of the profession for admission, and such character he must have while enjoying the privilege and right to remain within the fold. When he ceases to be a man of good repute, he forfeits his right •to continue as a member of the bar.

¶7588 P.2d at 985, quoting Ex Parte Thompson, 152 So. 229, 238 (Alabama 1933) (emphasis in original).

¶8The purpose of this proceeding is not to punish Mr. Stump. It is to protect “the public, the courts and the legal profession itself.” Matter of Preston, 616 P.2d 1, 6 (Alaska, 1980), quoting In Re Kreamer, 14 Cal.3d 524, 121 Cal.Rptr. 600, 535 P.2d 728, 733 (Cal.1975). As stated by Justice Harrison of the Supreme Court of Montana, “Unless we keep clean our own house ... we cannot expect the public to have confidence in the integrity of the bar and in our system of justice.” 588 P.2d at 985.

¶9For these reasons, I would order Mr. Stump disbarred.1

¶10. My decision that Mr. Stump should be disbarred is reached with great reluctance. He is a young man who has apparently practiced law in his community without incident for a number of years. Disbarment would no doubt have a devastating effect on his future, and serious consequences for his friends and the members of his family. Nevertheless, our duty, as I perceive it, does not permit us to do otherwise.

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