| Show JUDGE BURTON NOT DISBARRED IS S REBUKED BY SUPREME COURT FOR ACTION IN SCHULTZ CASE BUT RETAINS certificate SAYS ACTS ARE NOT OF NATURE WHICH CALL FOR DRASTIC punishment OR OP disbarment that judge thomas H burton ot of bis district should be rebuked and censured and certain of his bia acts disapproved and condemned but that they are not of such a nature as to warrant arrant disbarment was the gist of 0 the decision banded down by the supreme court on the of last month in the case against the judge which has been pending tor for some time in the opinion handed down by the highest tribunal in the state yesterday the charges which were brought by attorney win B higgins against the judge in the schultz divorce case tn in washington county were summarized and after going into details concerning the case gave the following reasons for its decision as reported in the salt lake tribune ot of april 29 we contess confess that the question has presented some difficulties in seeking tor for an answer however we have felt constrained to keep in mind the following facts and circumstances 1 thit that the facts and conduct ot of judge burton have been called to the attention of 0 the house judiciary committee ot of the state legislature and that that committee tailed failed to take action against him as it was empowered to do ta 2 that some 0 of the acts and conduct of 0 judge burton were undoubtedly provoked or at least influenced aby th acts and conduct ot of others and in some instances ill advised by ardent supporters with selfish motives all of which should be considered co in determining his guilt 3 judge burton has passed through a most trying ordeal in the past year which will no doubt have a salutary influence upon his future conduct continued to page 4 JUDGE BURTON NOT DISBARRED continued from first page 4 that he now holds a very import a 8 nil en all an r iida bi 01 wn juit lerned by the people of his district after some gome of the acts and conduct of bed bad taken place 5 that by virtue of the statute he is ol pady prevented led fron practicing his profession as a lawyer while ho he bold holds i the position of judge aud and hence a more mere suspension would be useless 46 6 that to disbar him veula not remove him from the office ot of judge but would at most suspend him from practice from which a just stated he be la is already suspended during the term lor for which he la is elected 7 that his sets acts and conduct while holly unjustifiable and reprehensible are nevertheless not of I 1 that vicious nature which necessarily I 1 call tor for the drastic punishment ot of disbarment I 1 bar ment finally that in view ot of the necessarily detrimental effect that a dibb disbarment arment would have upon the public interests a judgement jud gement 0 of f disbarment should be rende rede in a case like this only when there la Is no other alternative in view of the foregoing we have deemed it more in consonance with justice and utility to apply a milder penalty than that of disbarment the court concludes as follows cows while this court deeply deplores and disapproves of judge burtons bartons Bur tons acts and conduct complained ot of in i this p proceeding roce eding and especially respecting specking spec ting his conduct in writing the 1 letter in the schultz case we nevertheless th eless are not unmindful of the matters that should be considered in mitigation or palliation |
