I dissent.
“The uncontradicted evidence shows that, since his disbarment, Roth has not been in any legal difficulties and has been fair and honest in his dealings with others.” “No evidence was introduced to indicate that Roth has been guilty of any wrongdoing since disbarment. The chief investigator for The State Bar testified that no complaints have been made against Roth since his conviction. ’ ’ These statements from the majority-opinion show that only evidence of misconduct prior to disbarment bars petitioner’s right to reinstatement.
The above quoted statements also show that a majority of this court has again considered conduct prior to disbarment in determining whether petitioner is presently rehabilitated so as to gain readmission to the Bar. It is also said that the evidence he must produce as to his present good moral character must be "clear and convincing, nay, . . . overwhelming, proof of reform.” I am still at a loss (see my dissent in Feinstein v. State Bar, 39 Cal.2d 541, 548 [248 P.2d 3]) to know just what is expected of a petitioner in a ease such as this in way of the proof he must adduce. If he produced all the people with whom he has done business, or all the acquaintances he has made since his disbarment, the majority would say that none of them had known him before—or that because he had done well in one type of business and gained a reputation for good character and fair and honest business dealings there, he might not have that same reputation in another type of business. It appears to me that no matter what he does, or says, or how many witnesses he produces, The State Bar, aided and abetted by a majority of this Court, will deny him readmission to his chosen profession. If past conduct is to be considered in determining his present fitness to- practice law, then that is the only result which can be reached because, to my mind, “overwhelming” proof would be proof with no contradictions. If conduct prior to disbarment is not the determinative factor here, then the statements in the majority opinion to the effect that no evidence was produced contrary to the evidence of his good reputation show that petitioner has borne the burden of proof and should be reinstated.
I would grant the application for reinstatement.