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ARTICLE III.

OF SELECTING AND RETURNING JURORS FOR COURTS OF RECORD.

8 204. Jury-lists, by whom and when to be made.
$ 204a. Jury commissioner to be appointed. Salary [new].
$ 204b. Jury commissioner to furnish list of persons qualified for jurors (new).
8 204c. Duties of jury commissioner [new].
$ 204d. Jurors selected by majority of judges [new].
$ 204e. Secretary of superior judges as jury commissioner [new].

8 204. JURY-LISTS, BY WHOM AND WHEN TO BE MADE. In the month of January in each year it shall be the duty of the superior court in each of the counties of this state to make an order designating the estimated number of grand jurors and also the number of trial jurors, that will, in the opinion of said court, be required for the transaction of the business of the court, and the trial of causes therein, during the ensuing year; and immediately after said order designating the estimated number of grand jurors shall be made, the court shall select and list the grand jurors required by said order to serve as grand jurors in said superior court during the ensuing year, or until new lists of jurors shall be provided, and said selections and listings shall be made of men and women suitable and competent to serve as jurors, as set forth and required in sections two hundred five and two hundred six of this code, which list of persons so selected shall at once be placed in the possession of the county clerk; and immediately after said order designating the estimated number of trial jurors shall be made, the board of supervisors shall select, as provided in sections two hundred five and two hundred six of this code, a list of men and women to serve as trial jurors in the superior court of said county during the ensuing year, or until a new list of jurors shall be provided.

In counties and cities and counties having a population of one hundred thousand inhabitants or over, such selection shall be made by a majority of the judges of the superior court.

History: Enacted March 11, 1872; amended March 24, 1874, Code Amdts. 1873-4, p. 286; April 3, 1876, Code Amdts. 1875-6, p. 86; April 1, 1880, Code Amdts. 1880 (C. C. P. pt.), p. 46; March 7, 1881, Stats. and Amdts. 1881, p. 69; March 23, 1893, Stats, and Amdts, 1893, p. 297; May 29, 1917, Stats. and Amdts. 1917, p. 1283. In effect July 28, 1917.

3 204a. JURY COMMISSIONER MAY BE APPOINTED. SALARY. In any county or city and county in which, as provided by the preceding section, the selection of persons to serve as trial jurors is made by a majority of the judges of the superior court, a majority of the judges of such court, to assist the judges thereof in making selections of trial jurors and grand jurors, and whenever in their opinion the business of the court requires it, may, in their discretion, appoint a jury commissioner for such county or city and county, who shall receive a salary of three hundred dollars per month, not exceeding, however, one thousand five hundred dollars in any one fiscal year, and shall hold office at the pleasure of a majority of the judges of such court. Said salary shall be audited, allowed and paid out of the general fund of such county or city and county.

History: Enactment approved May 26, 1917, Stats. and Amdts. 1917, p. 1169. In effect July 27, 1917.

8 204b. JURY COMMISSIONER TO FURNISH LIST OF PERSONS QUALIFIED FOR JURORS. Annually, and pursuant to written rules or instructions adopted by a majority of the judges of such court, the jury commissioner shall furnish the judges of the court a list of persons qualified to serve as trial jurors or grand jurors during the ensuing year, or until a new list of jurors shall be required. A majority of the judges of the court may, from time to time, adopt such rules and instructions as may be necessary for the guidance of the jury commissioner, who shall at all times be under the supervision and control of the judges of the court.

History: Enactment approved May 26, 1917, Stats. and Amdts. 1917, p. 1169. in effect July 27, 1917.

8 204c. DUTIES OF JURY COMMISSIONER. It shall be the duty of the jury commissioner diligently to inquire and inform himself in respect to the qualifications of persons resident in his county or city and county who may be liable under the provisions of the laws of this state to be summoned for jury duty. He may require any person to answer, under oath to be administered by him, all such questions as he may address to such person, touching his name, age, residence, occupation and quallfications as a juror, and also all questions as to similar matters concerning other persons of whose qualifications for jury duty he has knowledge. The commissioner shall have power to administer oaths. He shall be allowed his actual traveling expenses incurred in the performance of his duties while visiting the respective townships in the county, such traveling expenses to be audited, allowed and paid out of the general fund of the county.

History: Enactment approved May 26, 1917, Stats. and Amdts. 1917, p. 1169. In effect July 27, 1917.

8 204d. JURORS SELECTED BY MAJORITY OF JUDGES. Pursuant to the rules and instructions adopted by a majority of the judges of the court, the jury commissioner shall return to the judges the lists of persons recommended by him for jury duty. The judges of said superior court shall examine the jury lists so returned and from such lists a majority of said judges may select, to serve as trial jurors and grand jurors, respectively, in the superior court of said county or city and county during the ensuing year, or until a new list of jurors is required, such persons as, in their opinion, should be selected for such jury duties; provided, however, that the persons so selected shall, in the opinion of the judges selecting the same, be persons suitable and competent to serve as jurors, as set forth and required in this code. The judges, however, shall not be bound to select any names from said lists, but may, if in their judgment the due administration of justice requires, make all or any selections from among the body of persons in the county or city and county suitable and competent to serve as jurors regardless of the lists returned by the jury commissioner.

History: Enactment approved May 26, 1917, Stats, and Amdts. 1917, p. 1170. In effect July 27, 1917.

$ 204e. SECRETARY OF SUPERIOR JUDGES AS JURY COMMISSIONER. In any county or city and county where there is a secretary of the superior judges of such county or city and county, a majority of the superior judges may in their discretion require such secretary to perform the duties of jury commissioner in addition to his regular duties as secretary. In such case the salary of the secretary of the superior judges shall be three hundred fifty dollars a month.

History: Enactment approved May 26, 1917, Stats, and Amdts. 1917, p. 1170. in effect July 27, 1917.

ARTICLE V.

OF SUMMONING JURORS FOR COURTS OF RECORD.

§ 226. Of drawing and summoning jurors to attend forthwith.

8 226. OF DRAWING AND SUMMONING JURORS TO ATTEND FORTHWITH. Whenever jurors are not drawn or summoned to attend any court of record or session thereof, or a sufficient number of jurors fail to appear, such court may order a sufficient number to be forthwith drawn and summoned to attend the court, or it may, by an order entered in its minutes, direct the sheriff, or an elisor chosen by the court forthwith to summon so many good and lawful persons of the county, or city and county, to serve as jurors, as may be required, and in either case such jurors must be summoned in the manner provided in the preceding section.

History: Enacted March 11, 1872; amended March 24, 1874, Code Amdts. 1873-4, p. 288; April 1, 1880, Code Amdts. 1880 (C. C. P. pt.), p. 48; May 28, 1917, Stats. and Amdts. 1917, p. 1284. In effect July 28, 1917.

ARTICLE X.

OF IMPANELING TRIAL JURORS IN COURTS OF RECORD.

$ 246. Clerk to call list of jurors summoned.

8 246. CLERK TO CALL LIST OF JURORS SUMMONED. At the opening of court on the day trial jurors have been summoned to appear, the clerk shall call the names of those summoned, and the court may then hear the excuses of jurors summoned;

[Excuses, discretion of court.] provided, that it may be left to the discretion of the court to accept an affidavit of excuse under section two hundred two of this code without a personal appearance in court of the juror summoned.

(Names deposited in box.] The clerk shall then write the names of the jurors present and not excused upon separate slips or ballots of paper, and fold such slips so that the names are concealed, and there, in the presence of the court deposit the slips or ballots in a box, which must be kept sealed or locked until ordered by the court to be opened.

History: Enacted March 11, 1872; amended April 1, 1880, Code Amdts. 1880 (C. C. P. pt.), p. 50; May 29, 1917, Stats, and Amdts, 1917, p. 1284. in effect March 28, 1917.

TITLE V.

PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING

TO COURTS OF JUSTICE.

CHAPTER I.

ATTORNEYS AND COUNSELORS AT LAW.

$ 276. Testimonials. Examination before district courts of appeal.
$ 280a. Effect of diplomas granted by Hastings College of Law [repealed].

§ 280b. Effect of diplomas granted by certain colleges of law (repealed). $ 276. TESTIMONIALS. EXAMINATION BEFORE DISTRICT COURTS OF APPEAL. Every applicant for admission as an attorney and counselor must pro duce satisfactory testimonials of a good moral character, and satisfactory proof of having studied law for a period of at least two years, and undergo in open court a strict examination, a part of which must be in writing, as to his qualifications by the justices of one of the district courts of appeal.

[In effect when.] This section shall not take effect until January first, one thousand nine hundred eighteen.

History: Enacted March 11, 1872; amended March 18, 1874, Code Amdts. 1872-4, p. 404; April 1, 1880, Code Amdts. 1880 (C. C. P. pt.), p. 55; March 16, 1895, Stats. and Amdts. 1895, p. 56; February 15, 1905, Stats, and Amdts. 1905, p. 5; May 23, 1917, Stats. and Amdts. 1917, p. 906. In effect January 1, 1918.

$ 280a. EFFECT OF DIPLOMAS GRANTED BY HASTINGS COLLEGE OF LAW [repealed).

History: Enactment approved February 15, 1905, Stats. and Amdts. 1905, p. 6; repealed March 23, 1917, Stats. and Amdts. 1917, p. 880. In effect July 27, 1917.

§ 280b. EFFECT OF DIPLOMAS GRANTED BY CERTAIN COLLEGES OF LAW [repealed).

History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 804,
Kerr's Stats. and Amdts, 1906-7, p. 435; amended March 20, 1909, Stats.
and Amdts. 1909, p. 541; May 12, 1913, Stats. and Amdts. 1913, p. 88;
May 20, 1915, Stats, and Amdts. 1915, p. 660; repealed May 23, 1917,
Stats, and Amdts. 1917, p. 831. In effect July 27, 1917.

an

$ 282.

but such change must be effected in the

manner provided by the statute.—McMunn 1. Duties of attorney-Construction (subd. 4).—A breach of duty of an attorney as

v. Lehrke, 29 Cal. App. 298, 155 Pac. 473. defined in subdivision 4 would constitute unprofessional conduct, and a false and un

$ 285. privileged publication charging such con

1. Notice of change of attorney.-Where duct would be actionable per se, and is libel in an action for damages for personal inas defined in section 45 of the Civil Code.- juries alleged to have been sustained by Bonestell v. Shaw, 28 Cal. App. 226, 151 Pac. the negligence of the defendant, the plain1149.

tiff procures an order substituting a new 2. -Construction (subd. 5).-The phrase attorney, and thereupon proceeds with such "maintain inviolate the confidence" is not attorney to make a settlement of the case confined merely to noncommunication of

with the defendant, he is not permitted to facts learned in the course of professional thereafter move to have the settlement set employment, for the section separately im

aside on the ground that it was not sancposes the duty to "preserve the secrets tioned by his former attorney, and support of his client.”-In re Soale, 31 Cal. App. 144, such claim by showing that the order of 159 Pac. 1065.

substitution was made without due notice to 3. In action for disbarment of an such former attorney.-Gill v. Southern Pac. attorney based upon a violation of his duty Co., 174 Cal. 84, 161 Pac. 1153. as herein set out, the relation of attorney 2. If the plaintiff did not know that the and client must appear,

that the client attorney of record had ceased to act he reposed confidence in the defendant as an should have served notice on him.--McMunn attorney at law, and that he violated such v. Lehrke, 29 Cal. App. 298, 155 Pac. 473. confidence.--In re Soale, 31 Cal. App. 144, 3. A new attorney has no authority to 159 Pac. 1065.

act until he has been substituted in the

stead of the attorney of record. As long 283

as there is an attorney of record the court 1. Authority of attorney. – An attorney can not recognize any other as having the has no general authority to act for his management or control of the action.—Mcclient. His stipulation for a disposition of Munn v. Lehrke, 29 Cal. App. 298, 155 Pac. his client's property can not bind the client, 473. if he had no legal authority to make it, at least not unless it is acted on by the

$ 286. court and carried into the judgment.-Woer- 1. Construction of section.-If the plainner v. Woerner, 171 Cal. 299, 152 Pac. 919.

tiff knows that the attorney of record has

ceased to act for the defendant it is his $ 284.

duty before any further proceedings are 1. Change of attorney. — A party to an taken to require the defendant "by written action has the right to change his attorney, notice to appoint another attorney or to 1. Disbarment, causes for.-An attorney who, upon the hearing of his motion to practice in the courts of this state, failed to reveal the fact that he had been previously disbarred from the practice of the law in other jurisdictions and that he had been convicted of several infractions of the law therein, is guilty of a fraud upon the court, which requires the revocation of his license to practice.-In re Mash, 28 Cal. App. 692, 153 Pac. 961.

disbarment proceedings while the judgment of conviction was in force, yet after a pardon it is not possible to disbar him by this statutory proceeding, wherein if it is maintainable at all, judgment must go against him without any opportunity to defend against any present imputation against his moral character.—Emmons, Matter of, 29 Cal. App. 121, 154 Pac. 619.

appear in person.”—McMunn v. Lehrke, 29 Cal. App. 298, 155 Pac. 473.

2. Death of attorney-Where the attorney for the plaintiff died after the five year period had commenced to run under section 583, the running of that period was not suspended during the time intervening between his death and the service of a notice by the defendant requiring the appointment of another attorney. The running of the five year period was not a "proceeding' had against the plaintiff within the meaning of this section.-Larkin v. Superior Court, 171 Cal. 719, 154 Pac. 841.

3. The fact that the defendant had no attorney of record for a portion of the five year period is of no avail to the plaintiff, for he could have nevertheless brought the case to trial resorting to the procedure contemplated by section 286 of the Code of Civil Procedure.—Larkin v. Superior Court, 171 Cal. 719, 154 Pac. 841.

8 288.

1. Effect of pardon after conviction.-An attorney who has been convicted of a felony and thereafter pardoned by the governor is not subject to disbarment from practice, where the disbarment proceedings are based solely on the judgment of conviction, and no showing made of any subsequent overt acts involving moral turpitude.-Emmons, Matter of, 29 Cal. App. 121, 154 Pac. 619.

2. A pardon releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense; but this is subject to the limitation that an attorney may be disbarred for acts of a felonious nature, where a pardon has followed the conviction of a crime, since evidence of the criminal acts may constitute proof of the charge that the respondent is unfit to be an attorney at law. This is so for the reason that the pardon does not restore his good moral character.-Emmons, Matter of, 29 Cal. App. 121, 154 Pac. 831.

8 287.

2. Where the petition for disbarment is based solely on a judgment of conviction of a felony, that judgment is conclusive against the convicted attorney if it is admissible in evidence. If it is not admissible the case must fall, because no other evidence can be received.- Emmons, Matter of, 29 Cal. App. 121, 154 Pac. 619.

3. Where a petition for disbarment is based solely on a judgment of conviction of a felony, although the judgment of conviction might be used as a foundation for

§ 299.

1. Suspension for unlimited period.--An attorney may be suspended for a period not necessarily limited as a fixed and determinate period of time, but for an uncertain time, subject to the right of the accused to relieve himself therefrom by making restitution of a stated amount of money which he had improperly obtained by means of his misconduct.—Matter of Soale, 31 Cal. App. 144, 159 Pac. 1065.

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