(dissenting)
With all respect to the ably prepared and well-written majority opinion, I am unable to agree that this court should order that Respondent is entitled to apply to the Bar Association for reinstatement.
I agree with the majority opinion wherein it says that,
“An attorney who charges particular Judges with corruption, without adequate proof thereof, is guilty of unprofessional conduct and such action is sufficient grounds for disbarment.”
On July 6, 1966, Respondent filed in this proceeding an instrument designated “Reply to Response of Complainant to Applications for Commissions to Take Depositions and for Order to Produce Minutes, Documents and Information, Including Deposition of Henry G. Marshall of October 29, 1964.”
In that instrument the Respondent continued to charge that one of the members of the Supreme Court more than twenty-five years ago accepted a bribe in the case of State of Oklahoma ex rel. Grimes v. Board of Education, No. 27340. That particular judge is still a member of the Court.
In the same instrument the Respondent charged that the above mentioned judge and two others (one of whom is still a member of the court and the other of whom is now retired) accepted bribes in the case of Marshall v. Amos, No. 36936. It appears that all of the above named judges are specifically named in the pleading, which is of course on file in this court and a matter of public record.
The same or similar charges were made by Respondent at other times and places. He was given ample opportunity in this court to offer what proof he had to support *49such serious charges. The Respondent was given more than ninety days within which to take the depositions of any persons who he believed might testify in support of the charges. The subpoena power of this court was requested by him and it was made available. The Respondent failed to introduce one iota of competent evidence to substantiate his charges.
On the other hand these same judges, together with others, voluntarily appeared before the Governor’s Citizens Committee, waived all of their Constitutional immunities, and freely gave their testimony concerning their incomes and many other matters of a personal nature. They made their income tax and other financial records available to that Committee for a full and thorough scrutiny. The finding of that Committee is quoted verbatim on page 14 of the majority opinion.
When the Respondent was asked to show cause, if any he might have, why he should not be prohibited from practicing before the Tenth Circuit Court of Appeals of the United States, he again made the charges referred to above. For making these charges and failing to offer proof in support of them, he was disbarred by that court. In the Matter of Grimes, decided July 28, 1966, 364 F.2d 654.
While I concur fully with my able colleagues that every lawyer performs his duty when upon becoming aware of misdeeds in court he informs the proper authorities, I cannot agree that a person who makes the charges which the Respondent has made in this proceeding, when obviously he had no evidence to support such charges, should be licensed to practice law in Oklahoma.
In State ex rel. Dabney, Atty. Gen. v. Breckenridge, 126 Okl. 86, 258 P. 744, it was said:
“Those learned in the law are permitted special privileges by the law itself. The privileges admissions to the bar carry are intended for the public good. Such are exercised as officers of the court. As such they are not in the same position in relation to the courts as persons who are not accorded these privileges. Part of the oath of an attorney * * * is that he will act in the office of attorney in this court with all good fidelity to the court.
In State Bar Commission ex rel. Williams v. Sullivan, 35 Okl. 745, 131 P. 703, L.R.A. 1915D, 1218, this Court, which was then as it is now, composed of a majority of specially appointed justices, said:
“The obligation which attorneys assume * * * is not simply to be obedient to the Constitution and laws, but to maintain at all times the respect due the courts of justice and judicial officers. This obligation * * * includes abstaining, out of court, from insulting language and offensive conduct toward the judges personally for their judicial acts. ⅜ # ⅜ 3J
I am of the opinion that even if Respondent should file an application with the Bar for his reinstatement that upon investigation that association would recommend to this court that Respondent be not licensed as a lawyer for the reason that he has continued to make false and libelous statements against certain members of the judiciary. It would be then for this court to determine whether such are the facts. We have before us proof of such conduct and we have, in the majority opinion, held that such are “sufficient grounds for disbarment”. I see no purpose to be served in referring the matter to the Bar Association.
I respectfully dissent.
I am authorized to state that RIZLEY, J., concurs with the views hereinabove expressed.