denying second petition for reinstatement, after sixteen years of disbarment, of former judge con- victed of larceny and conspiracy in highly publicized cases involving corruption related to public funds
How later courts described this case
- denying second petition for reinstatement, after sixteen years of disbarment, of former judge con- victed of larceny and conspiracy in highly publicized cases involving corruption related to public funds
- reinstatement of petitioner sixteen years after disbarment for larceny and conspiracy to commit larceny would be detrimental to integrity of the bar despite recommendation of Board of Bar Overseers to readmit
- while the board's recommendation as to sanction is entitled to substantial deference, "ultimate duty of decision rests with this court"
- judge who was convicted of bribery and larceny not reinstated even after 17 years of disbarment
Written by the judges who cited it.
The opinion
Nolan, J.
(dissenting). In 1975, this court unanimously granted the petition for reinstatement of an unrepentant but convicted perjurer in spite of an adverse recommendation by the Board of Bar Overseers. Matter of Hiss, 368 Mass. 447 (1975). In this case, the Board of Bar Overseers recommends the reinstatement of Gordon, but the court denies his petition.
In trying to gouge the impact of Gordon’s readmission to the bar on the public, the court reminds us of the scandal of the Boston Common Garage cases and describes them as “a notorious saga of corruption and theft.” However, by comparison with the national notoriety of the Hiss trial (see United States v. Hiss, 185 F.2d 822 [2d Cir. 1950], cert. denied, 340 U.S. 948 [1951]), Gordon’s prosecution was only a local media attraction. Gordon’s conduct for which he was convicted was reprehensible and all the more so because he was a judge at the time, but, to his credit, he does not remain obdurate and unregenerate while protesting his innocence. I find it most difficult to understand the reason for the difference in treatment between Hiss and Gordon.
I would allow Gordon’s petition for reinstatement on condition that he pass the Massachusetts bar examination.