State v. Rosborough
State v. Rosborough
Opinion of the Court
Defendant was charged and convicted of unlawfully holding himself out to the public as being entitled to practice law in the courts of record of this state, and assuming to be an attorney and counselor at law, contrary to the provisions of Act 163 of 1920, § 1.
The only matter before us is a motion to quash the charge on the ground that said act is unconstitutional.
As to this, suffice it to say that the right to practice law in the state courts is not a privilege or immunity of a citizen of the United States. In re Lockwood, 153 U. S. 116, 14 Sup. Ct. 1082, 38 L. Ed. 929.
For the 'rest—
“The practice of law is not a business open to all who wish to engage in it, nor is it a natural right or one guaranteed by the Constitution; but a personal right or privilege limited to a few persons of good moral character, with special qualifications, duly ascertained and certified. It is in the nature of a franchise from the state conferred only for merit, and is not a lawful business except for members of the bar who have complied with all the conditions required by statute and the rules of court.” 2 Ruling Case Law, p. 940.
And again—
“The right to practice law is not a natural or constitutional, right, but is a privilege or franchise subject to the control of the Legislature, and limited to persons of good moral character with special qualifications ascertained and certified as prescribed by law.” 6 Corpus Juris, p. 569.
Decree.
The judgment appealed from is therefore affirmed.
Reference
- Full Case Name
- STATE v. ROSBOROUGH
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- (Syllabus by the Court.) 1. Constitutional law The Supreme Court may decline to notice an attack on the constitutionality of a statute which fails to state the grounds relied upon. 2. Attorney and client &wkey;>I — Constitutional law &wkey;206(4), 238(1), 296(1) — Right to practice law not natural or constitutional right; right to practice not privilege or immunity of United States citizens. The right to practice law is not a natural or constitutional right, but is a privilege or franchise subject to the control of the Legislature, and limited to persons of good moral character with special qualifications ascertained and certified as prescribed by law. 3. Attorney and client (&wkey;ll— State may punish unlicensed person holding himself out as entitled to practice. Since the right to practice law is limited to those who are licensed for-that purpose, it follows that for an unlicensed person to hold himself out as entitled to practice law is a species of fraud which the state may punish, to the end that the public may not be deceived to its injury. 4.Criminal law The Supreme Court cannot re-examine the facts in a criminal case.