Show Judge Burton Rebuked And Censured for His Official Misconduct r I 6 I I f Opinion n Handed Down Holds Discipline or Disbarment Disbarment Dis Dis- Unwarranted Punishment Sought for Communication of Jurist Jurist Jur Jur- in Divorce Case J Judge Thomas IL Burton Hurton of at the Fifth Judicial district court was censured and rebuked by a per curl em opinion of ot the state supreme court handed banded down Wednesday morning The plea for Judge Burtons Burton's disbarment disbarment dis dis- however was denied d. d While this court sa says s 's the opinIon opinion ion deeply deplores and disapproves disapproves disapproves proves of at Judge Burtons Burton's acts and ami conducts complained ot 01 in this proceeding proceeding proceeding pro pro- and especially respecting his conduct in writing the letter Inthe in inthe inthe the Schultz case we nevertheless are not unmindful of the matters that should be considered in mitIgation mitigation mitigation miti mitI- gation or r palliation IS CENSURED The judgment of at this tills court therefore is that Judge Burton be and he hereby is rebuked and cen- cen and his acts act as hereinbefore hereinbefore hereinbefore fore outlined are disapproved and Further that he hereby hereby hereby here here- by is admonished that thit in discharging ing the important duties of at his or office office of of- fice flee he should ever be mindful of ot the tile rights and privileges of ot others I and especially tl those ose nho iio ho as minIsters ministers min mm- of the law arc are called to practice practice practice tice in his court and to assist him himIn himin himin in administering the law lEw to the end that justice shall prevail That j That it Is his duty at all tim times s stop top hear those who by law laware laware laware are entitled to be heard In hi his court and In fn case an a attorney rne violates th the law or t tile the e rules of court or In case his acts and conduct are contumacious contumacious cious clous or Contemptuous to punish him Imp as provided by law and in accordance accordance ac ac- ac- ac with the recognized rules pf- pf procedure cf That Than he must ever keep In mind that an attorney y at Saw w w is the mere representative of at the citizen whose only lawful means cf t f vindicating his rights Is to have recourse to a acourt acourt acourt court of ot justice ani in doing so soto soto soto to call to his aid one who urho is learned in th the law and vers versed d In the procedure procedure procedure pro pro- governing courts That to suspend attorneys without without with with- out a hearing or or to assail them out of court couri or their reputations as dIsclosed disclosed disclosed dis dIs- closed by this record smacks too much of ot despotism to be tolerated Jn n n this country which Is governed by law and not by men HIGGINS CHARGE The matter at Issue was the complaint com com- plaint of ot William H. H Higgins a member of ot the bar of ot the state an ani anJa ania a resident of pf the Fifth judicial district He on February 28 mi presented the supreme court a peti- peti ti tl S charging Judge Burton with certain acts of at misconduct He HI asked that if it the Investigation disclosed disclosed dis dis- closed the charges true that the Judge be disbarred and his certificate certificate certificate cate to permit him to tc practice in inthe inthe the We state be canceled The matter was referred to the grievance committee com corn I of ot the supreme court An answer answer was uvas filed against the complaint corn com com j plaint on August 10 1925 The case was then referred by the court tC to Judge Elms Elias Hansen of at the Fourth judicial district as referee to hear the tile evidence and report to the court The divorce case of Edna M. M Continued on page 8 I JUDGE BURTON BURTONS S IS REBUKED FOR HIS OFFICIAL ACTION Continued from page 1 Schultz against Frederick Schultz S S. Schultz chultz in which Villard Willard lIans Hanson Hansen n nand and ana HiggIns Biggins as attorneys for tor Schultz figured ed le led to th the action It U was alleged that Judge Burton Murton urton wrote a I letter to Schultz In which h he asked that the tho attorneys for tor Schultz Schult be discharged Another c Brio ase sc was the tho Sly case in JU Jual IJ county which Burton failed tl to prosecute although the stories re regarding regarding re garding the case were said to be revolting Tho The court says sas On tho the record it is Js clear tHat thattie t tie e accused not on the bench but butoff butoff off oCt the bench on hi his own o Initiative and without out the tine knowledge consent or advice of at Schultz knowingly al and ard wilfully wrote the of at the loiter letter lot let ter teI as set forth In the charge u. u ux- ux tho the last paragraph which he dictated HARD HARD TO ACCEPT But Bul Jt it is hard to accept as ns true that one OI worthy of ot being a mom mem member b ber r of ot the bar of ot this court or of ot holding the judicial position holdby hold hl b Ly by him could believe that such con cont conduct duct diet t was proper or harmless or In- In or that it was warranted or Justifiable Had Hall the accused not i b been Cn a a. Judge and was as merely an attorney t at law and in conn connection With a case in which he was interested Inter Inter- ested ted had written and delivered a aletter 1 Otter letter to another to get pet the opposing 11 ing litigant to sign w with ith the motive and Ond purpose as found the accused wrote and delivered the letter Inq in q question to cause a a. litigant to disI dis- dis I cj bo his counsel elf him of n before the court urt induce the I t jant f to b believe he had b been de- de 1 d d l d b j e Ye an A to s e 3 y 10 s 1 prevent a review of at a ruling made 1 th the court and to Injure an ant opposing counsel there ther uld ld not be much difficulty n thing a a. conclusion that suet a duct was unprofessional and un w that of a member of ot the Fi That lh That t the accused ed also was wai dge ga of or the thc court JUL u aggravate misbehavior and unworthy cont con- con t it which In effect amounted to 0 o j al 1 turpitude or moral unfitness p. p yM ething done kno knowingly wilfully contrary to Justice honesty and 1 r d morals S CASE x 1 s to ito 1 the Sly case casc the accused that he did not prosecute parties ar les because he te did not be- be 1 1 guilty that in the adult adul- adul t it y cases pases ases he believed the evidence J via as 1 insufficient to secure a a aC C 11 U. U rn n that tho the evidence and c liable le facts known to tho the ac- ac s were were v re ample to show the com com- aC 1 ton lon n of ot the offenses s charged aur ami au r cause to believe that the theties l ties accused were guilty of ot them that the accused was derelict of or fut ut s ps In falling failing and and- ref refusing to se ute such cases are arc all clears clear- clear 14 f s shown own But BU such mere Ut I id not enough in proceedings litI f this Js s kind to warrant discipline discipliner r r dl disbarment There also In ad- ad Dart to such V dereliction must be bc S Sown own some unprofessional conduct r turpitude mora unfitness Ji rr 1 on tho the part of at the th ac- ac Used i t 1 f. f It Jj 3 s t. t J shown tn that h he without Just refused to prosecute the thet theto lI t cased ti to aid alii the district t eY jn 1 the of ot them But Buty 4 y vit the accused so re refuse use That k r he point As already e testified in the one case did hot believe the parties gullin gull gull- other the evi- evi in the oth that I en was insufficient to Justify a aOn r On the re i 1 cord the acl acred's ac- ac l reds red's qs q's answer and aid his testimony in 11 i r i respect are quite ducS t t It however was shown that l l l no acquaintance with 01 or rn d for tor the accused parties partie J Is It claimed nor does the rec- rec show that he lie in the course pur- pur pun ea by him was prompted or Ind in- in d fed by any pecuniary tl tin n or by any attempted bribe or Dr 1 of ot any sort nor orl origl- origl J- J Vt Jm illy lly lY at least with any apparent sire si e to aid the accused parties or ry t fD uphold them in tHeir charged s. s acts and conduct I JEALOUS OF OFFICE To put t the le matter as favorably ta 4 iTo i 1 the accused as the record ad adits ado ad- its tS it may be said that hat the ased ali a as- li I sed used unduly Jealous of ot his otc office county attorney the duties amIr and amI r i. i of which were not Uy Ily comprehended cr or appreciated F l r him hin resented and rebuked sug- sug tow and requests of ot officers'S offices officers r S 'S 19 had bad d Investigated the cases and ande Jf e severely resented and rebuked r n plaints made that the cases bi hp he instigated v b by the dIstrict attorney ti whom and the accused 1 f. f relations existed and Jn in the i by the district attorn attorney irid from such motives and that t fis cown own conduct in refusing re refusing to Ty f. f the cases might be vin- vin re the accused refused to tod toi i ds d cute the cases or ur to alit aid In th tb prosecution of them and even eyen went r o his way to nil aid the parties r with such offenses offensE's and to nJ about bout their acquittals so as s i g d discredit U Upon on the district 1 Pey ot-Pey because of his j The hc situation may not be put be-put put pul iu milder and perhaps ought not note fG je e put Jut any str nger It is but in nn illustration often seen sen elsewhere Y there tho the administration of ot public aira and public good suffer sutter through hostile envious and jealous f cals I having conflicting Interests and on vaunting ambitions t Though 7 hough tie the conduct of 01 the ac accused ac- ac V t n respect of ot such ca cases es cannot can can- V u not t b bo be condoned and deserve severe Condemnation and r rebuke huke still were there nothing else v e would feel hardly a ruy y Justified for that cause along aloM f i a v iI on him the drastic punish punish- r t- t t of or disbarment r fULLY FULLY REFLECT 4 f In lp making the foregoing state tale merits and conclusions we have end en- en cJ d v red ed to fully and nn ang fairly reflect the r record cord In so fat s tar far as it discloses the acts and arid conduct of Judge Bur Bur- lt itAn ton n. n v Owing to the great mass of or orthe tine the the evidence e however r. r and In view vIe that Judge Burton alone alme is on trIal trill ire hire It is js both unnecessary and Impractical Im Tm- practical to tully gully state Mate the He facts respecting r the conduct of Mr Sir lUg lUg- gins and some som whose whole acts act and conduct it is claimed to a af ar arl r rl f t leI fer or lesser extent may have hav 1 revoked provoked d or at least leist Influenced the acts and conduct of Judge Burton complained of at In this In In the determination of the kind of ju Judgment to be rendered we shall shaH therefore th consider hot hot- th the acts and Conduct of ot others which to an any extent extent ex ex- tent may mav have provoked or influenced Judge Buttons Burtons s w h and conduct conduct con con- n- n duct so far tar as aa the nets and Conduct of others may mav he be considered In miti mitigation gation tan or palliation of ot his acts and anel conduct I Ito to r f |