I dissent.
A trivial incident in which the petitioner was zealously, and legally, serving the interests of his clients and no self-interest has been magnified out of all proportion. There was no commission or omission that merits discipline by the bar.
Petitioner represented three defendants charged with a narcotics offense. At arraignment on December 13 the district attorney declared he would not object to reduction of bail from the $50,000 each originally requested by the sheriff to $10,000. Nevertheless the municipal court commissioner set bail at $50,000.
The same day petitioner appeared in open court before a municipal court judge and again requested a reduction of bail to $10,000. The hearing was continued to December 16 and bail remained at $50,000 in the interim. After the hearing petitioner advised the district attorney and the sheriff’s investigating officer that he would seek a reduction in the superior court, and both stated they would not oppose bail reduction to $10,000.
*165Immediately thereafter the petitioner contacted the superior court bail commissioner, David Ziskrout, and upon representation that bail had been set at $50,000 for each defendant but that neither the district attorney nor sheriff would oppose reduction to $10,000 for each, the commissioner so reduced the bail.
Two questions emerge: was an injustice committed, and was the commissioner deceived by this attorney. It seems crystal clear to me that both queries must be answered in the negative.
That reduction of bail to $10,000 was not improper under all the circumstances is confirmed not only by acquiescence of the prosecuting agencies, but by subsequent action of the municipal court. On December 16 the municipal court judge before whom the preliminary hearing was set reduced bail on each defendant to $7,500.
The superior court commissioner could not have been deceived for he was advised bail had been set at $50,000 and he was being asked for a reduction to $10,000. Since it was his duty to independently determine the appropriate bail, the conclusion—actually the mere deferment of action—of a judicial officer at a lower level should have been of no significance.
It would be reassuring if this were among the more serious charges to be leveled against a California attorney. But I strongly suspect there is more egregious malfeasance than this minutia among a few of our more irresponsible and unethical legal brethren that should occupy the time and attention of the State Bar and this court.
I would dismiss the proceeding.
Bird, C. J., concurred.