In re Admission to Practice
In re Admission to Practice
Opinion of the Court
Since the adjournment of the legislature applications have been made to us for the admission of applicants to practice law in the courts of this state, one of whom presents a certificate issued to him by a circuit court of this state, and who has been engaged in the practice of law therein for a ,; number of years. A second applicant presents to the court a certificate of admission by the supreme court of Minnesota, or, rather, by the board of examiners of that state, which seems to be authorized to grant certificates entitling the holder thereof to practice in the courts of that state. A third presents a certificate of admission by the supreme court of Illinois, accompanied by proof that he has practiced in the courts of that state for a period of three years, and also a certificate of good moral character. It becomes necessary, therefore, for this court to construe the provisions of the act of 1901, relating to the admission of attorneys, entitled “An act to amend chapter 21 of thé Laws of South Dakota of 1893; * * * as amended by chapter 49 of the Laws of South Dakota of 1899,” approved March 8, 1.901. The first section of the act provides that “no person shall be permitted to practice as’ an attorney and counselor at law, * * * without having previously obtained a license for that purpose from the supreme court of this state.” The second section provides: “Every applicant for such admission must be at least twenty-one years of age, of good moral character, and an inhabitant of this state, and must have actually and in good faith pursued a regular course of study of the law, for at least three full years.. * * * Every such applicant for admission must also have an education substantially equivalent to that involved’ in the completion of a high school
This brings us to the second class of applicants, namely, persons who have been admitted to practice in the highest courts of another state, but fail to produce evidence that they have practiced therein for a period of three years, as provided .by section 3 of the act. Such an applicant comes within the last clause of section 3, which provides that the applicant shall present to the court satisfactory evidence in writing or by examination that he has the requisite education, and has pursued for three years a course of law studies covering the subjects enumerated in section 2. The applicant, therefore, holding a certificate of admission entitling him to practice in all the courts of Minnesota, must satisfy the court by proof in writing or by an examination as provided by the last clause of section 3, that he has the general education provided for by section 2, and that he has pursued the study of law for the period of
Reference
- Full Case Name
- In re Applications for Admission to Practice
- Status
- Published
- Syllabus
- 1. Though Act March 8, 1901, prescribing the requirements for admission to practice law, failed to make provision for those who had been engaged in the practice by virtue of a certificate of the circuit courts, such persons had a vested right, of which they could not be deprived by legislation, and are not obliged to submit to the examination required by said act. 2. Act March 8, 1901, § 2, provides that an applicant for admission to practice law must have pursued a course of study enumerated, and, in case he does not possess a diploma or certificate, he may be admitted if the court is satisfied he possesses the requisite qualifications. Section 3 provides that a person who has been admitted to the bar of another state, where he has previously resided, may be admitted without examination or proof of period of study on presenting a certificate of admission to practice law in the highest courts of the state from which he came, and on satisfactory evidence in writing or by examination that he has the requisite education, and has pursued for three years a course of law studies. Held, that an applicant holding a certificate of admission to practice in another state must prove that he has practiced three years, and also that' he has pursued the studies enumerated in Section 2.