(dissenting).
I respectfully object and dissent to the grant of public disclosure of Johnson’s affidavit for these reasons:
1. The procedure was faulty and unfair.* The Supreme Court ordered Johnson and the State Bar to show cause why the contents of Johnson’s affidavit should not be released. This is absolutely backwards. This was done on the basis of a letter request — no petition — no court appearance on the part of the Associated Press. The media should have been required to come into court and show cause why the contents of Johnson’s affidavit should be released. We should back up, require a new hearing, and do it right.
2. SDCL 16-19-66 provides in part, “... The order disbarring the attorney on consent shall be a matter of public record.” Johnson was disbarred on consent by public order and notice on April 26, 1990. The primary consideration is the well-being and protection of the public by public notice and any danger to the public is extinct once the lawyer is disbarred.
3. SDCL 16-19-66 provides further in part, “... However, the affidavit ... shall not be publicly disclosed or made available for use in any other proceeding except upon order of the Supreme Court.” This Supreme Court Rule certainly implies confidentially and that good cause must be shown before public disclosure. No good cause has been shown.
4. The “confidential” affidavit procedure has worked very well in the preceding 10 years or more. To my knowledge, this court has never released an attorney’s affidavit before. *774It has been beneficial to the public, the court and the Bar to have expeditious removal and disbarment of lawyers in serious trouble. With this ruling and public disclosure of the “confidential” affidavit, there is no longer any reason for a troubled lawyer to “cooperate” with the Disciplinary Board of the State Bar. Any lawyer who fails to advise against such “cooperation” better check his own malpractice insurance for coverage and limits and keep his premiums paid.
5. Since victim’s complaints to the State Bar are also given “in confidence,” we should not release their names without first obtaining signed written permission to do so. The fact that two of the three victims have already started lawsuits against Johnson may or may not constitute a valid waiver. Obviously, the third victim has not waived anything.
Former Chief Justice Wuest’s footnote number 3 is correct in stating that I "seconded" the motion and voted in favor of issuing the show cause order which I now criticize. Obviously, I voted for the show cause hearing because even a “faulty and unfair” hearing is better than none at all.