In Re the Disciplinary Proceeding Against Krogh

Wright, J.

(concurring) — I concur in the majority opinion and I have signed the same.

We have long been committed to the policy that conviction of a felony begets disbarment. An early case annunciating this principle was In re Hopkins, 54 Wash. 569, 103 P. 805 (1909), which was a case involving a conviction in a federal court. In a somewhat later case, In re Barnett, 35 Wn.2d 191, 211 P.2d 714 (1949) we said in part at page 191: “The attorney was convicted of an infamous crime as defined by Rem. Rev. Stat., § 5113 [P.P.C. § 519-17], and should no longer be permitted to practice law. [Citations omitted.]” Rem. Rev. Stat. 5113, now RCW 29.01.080, was mentioned. It contains a definition of the term “infamous crime,” which definition is identical with the definition of “felony” contained in RCW 9.01.020.

A recent case on this subject is In re Anderson, 73 Wn.2d 587, 439 P.2d 981 (1968), in which conviction of a felony resulted in disbarment. No useful purpose would be served by again listing the vast number of cases ending in the *488same result as a number of them are listed in the majority opinion.

Equal justice under law demands that we accord the same treatment to prominent members of the legal profession that is accorded to obscure practitioners. In fact, more harm is done — more blame attaches — when the misconduct is committed by a prominent attorney.

There are other considerations which must not be overlooked. Respondent was convicted only of a violation of 18 U.S.C. § 241, or conspiring against the rights of citizens. The acts charged and admitted, however, would, if committed in this state, constitute burglary in the second degree — a felony. RCW 9.19.020. In re Burns, 13 Wn.2d 199, 124 P.2d 550 (1942), involved a conviction in federal court for an act which would have been burglary under the laws of the state of Washington. Burns was disbarred.

Respondent also committed perjury, as was found by Judge Gerhard A. Gesell when sentencing. Perjury is likewise a felony under the laws of the state of Washington. RCW 9.72.

Lawyers are held to higher standards of moral conduct than are other citizens. Both the Washington State Bar Association and this court have long taken a strong stance on the matter of ethical standards for attorneys. The oath of attorneys contains an obligation to abide by the laws of the state and the nation. The preliminary statement to the Code of Professional Responsibility (CPR) states in part:

The Disciplinary Rules state the minimum level of conduct below which no lawyer can fall without being subject to disciplinary action. Within the framework of fair trial, the Disciplinary Rules should be uniformly applied to all lawyers, regardless of the nature of their professional activities.

(Italics mine.)

(CPR) Canon 1 reads: “A Lawyer Should Assist in Maintaining the Integrity and Competence of the Legal Profession.” In support of Canon 1 is (CPR) DR 1-102, which in part states:

*489(A) A lawyer shall not:
(1) Violate a Disciplinary Rule.
(2) Circumvent a Disciplinary Rule through actions of another.
(3) Engage in illegal conduct involving moral turpitude.
(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(5) Engage in conduct that is prejudicial to the administration of justice.
(6) Engage in any other conduct that adversely reflects on his fitness to practice law.

In this proceeding we have a respondent who seeks by various means to claim he did not know what he was doing was wrong. He claims to have been blinded by the prestige of the office of the President of the United States; he claims he thought he was justified by the needs of national security. The stark fact remains — regardless of the President, regardless of national security — he must have known conspiracy was wrong, he must have known burglary was wrong, and he must have known perjury was wrong. If he knew these acts were wrong and did them anyway, he is not fit to practice law. If he did not know such acts were wrong, he is not fit to practice law.

Under all of the facts and circumstances of this case, any result other than disbarment would be unconscionable.

Stafford, C.J., and Finley and Brachtenbach, JJ., concur with Wright, J.