Chapman v. Board of Bar Examiners

481 P.2d 94, 82 N.M. 306
CourtNew Mexico Supreme Court
DecidedFebruary 8, 1971
DocketNo. 9042
StatusPublished
Cited by2 cases

This text of 481 P.2d 94 (Chapman v. Board of Bar Examiners) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Board of Bar Examiners, 481 P.2d 94, 82 N.M. 306 (N.M. 1971).

Opinion

OPINION

OMAN, Justice.

Petitioner seeks reversal of a decision of Respondent Board denying him admission on motion to the Bar of the State of New Mexico. We affirm the decision.

On May 5, 1969, Petitioner filed with this court an application, in the form of a “Petition and Affidavit,” whereby he sought an order admitting him to practice law in all the courts of the State of New Mexico. The pertinent requirements for admission on motion were that the petitioner be a “ * * * person regularly admitted to practice law in the highest court of any state or territory * * * ” and who “ * * * has actively and continuously practiced law for at least seven of the eight years immediately preceding the filing of his application, three years of which shall have been continuously in one jurisdiction, * * * ” Rule II A. 10, Rules Governing Bar Examiners, Bar Examinations and Admission to the Bar of the State of New Mexico (25th Ed.). These rules have now been revised and replaced by the 26th Edition, March 10, 1970.

For the purpose of showing he met these requirements, Petitioner alleged in his application :

“Having engaged in the general practice of law in the states of Kansas and Texas for the period of four and ten years, respectively, I respectfully request that I be granted admission upon certificates and motion and be not required to take or successfully pass the bar examination prescribed in this State.”

He furnished a certificate from the Clerk of the Supreme Court of the State of Kansas showing his admission to the Bar of that state on June 29, 1949. He furnished no certificate, letter, or statement from any one concerning his claimed practice in Texas. In this regard see Warren v. Board of Bar Examiners, 75 N.M. 627, 409 P.2d 263 (1966), in which it was held a letter from the general counsel of the Atomic Energy Commission satisfied the intent of the rule calling for a certificate from a judge of the highest court of original jurisdiction of the foreign state.

In his statement as to his practice of law, he claims no practice in Kansas after September 1953. Thus, this practice cannot possibly be considered under the requirement that he must have “ * * * actively and continuously practiced law for at least seven of the eight years immediately preceding the filing of his application, * * *.” The seven years with which we are here concerned must have fallen between May 5, 1961, and May 5, 1969.

As to his claimed practice in Texas, he shows he served as house counsel for Hughes Investment Corp. and Hughes Title Company at Pampa and Wichita Falls from February 1956 to June 1962.

From June 1962 to December 1962, he shows himself as a partner in and Title Examiner for Wichita Title Company at Wichita Falls. From December 1962 to April 1966, he shows himself as Vice-President and Title Examiner for Wichita Title Company, Inc., at Wichita Falls. From April 1966 to December 1966, he shows himself as President and Title Examiner for Central Abstract & Title Co. at Wichita Falls. From April 1967 to present [May 5, 1969], he shows himself as Vice-President and Title Examiner for First Title Guarantee and Trust Co. He does not show where he performed these services, but he claims to have resided in Albuquerque, New Mexico, since January 1, 1967, and to have established residence in New Mexico on June 1, 1967. Information found ■elsewhere in the record shows he has lived and worked in Albuquerque as Vice-President and Manager of First Title Guarantee and Trust Co. since April 10, 1967,

If he intended to claim his Work in Albuquerque between April 10, 1967 and May 5, 1969, as practice in Texas, the record fails to support such a claim. If he did not intend to claim his work in Albuquerque as practice in Texas, then he failed, insofar as his application is concerned, to meet the requirement that he must have “ * * * actively and continuously practiced law for at least seven of the eight years immediately preceding the filing of his application, * * As shown by the above quotation from his application, he claims only to have practiced in Kansas and Texas.

The Clerk of this court also serves as Secretary of the Board of Bar Examiners, and she was serving in this capacity on September 26, 1969, when the Board interviewed Petitioner in connection with his application for admission on motion. One of the Secretary’s duties was to make a record of the proceedings and a tape recorder was used for this purpose at the interview. However, unknown to the Secretary at the time, the recorder was not functioning properly, and, consequently, no record was made of the proceedings. The member of the 'Board who conducted the principal questioning of the Petitioner has stated by affidavit:

“ * * * That during the questioning, petitioner was asked if he contended that - he had been engaged in the practice of . law during the time in which he resided within the State of Texas; that petitioner’s answer was in the negative. That petitioner was asked also if he had made application for admission to the bar of the State of Texas and his reply was in the negative. That, in view of petitioner’s answers to the foregoing questions, . the Board of Bar Examiners of the State , of,New Mexico did not further inquire into the moral character of petitioner, in , ■ that it .was apparent that petitioner was •..not qualified for .admission on motion to the bar of the State of New Mexico, by reason of not having been engaged in the practice of law for at least 7 of the 8 years preceding his application for admission to the bar of the State of New Mexico. * * * ”

Petitioner, by affidavit, has responded to the affidavit of the member of the Board, and in Petitioner’s affidavit he gives the following as his version of the interview:

“ * * * that at the time of his appearance before the Board of Bar Examiners, questions were asked of him by the interrogating member of the Board, relating to the duties of his employment for the period of time throughout the seven years prior to the date of his application. That affiant stated in response to these questions that he examined deeds, deeds of trust, real estate contracts, wills, mortgages, and other documents relating to real estate titles to determine their legal sufficiency and whether or not they were adequate to transfer legal title to and from the parties named in each. That he examined' records in the county clerk’s offices and made decisions as to the validity of instruments pertaining to real estate. He then rendered legal opinions on the sufficiency of the title of a great many parcels of land in order to determine the insurability of the title. Based upon affiant’s opinion, title insurance was either written insuring the title to the parcels or it was not written until corrections were made to perfect the title. Following this explanation, the interrogating Board member then asked if affiant had held himself out generally as an attorney in the general practice of law during this period of time. Affiant answered ‘no, not in the sense in which you are asking it.’ No further questions were asked about affiant’s work in Texas or New Mexico .and no questions were asked of af-fiant concerning his moral character or touching upon his moral or ethical qualifications.

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Related

Pacheco v. Compton
58 F.R.D. 490 (D. New Mexico, 1973)
Lucius v. State Board of Bar Examiners
503 P.2d 1160 (New Mexico Supreme Court, 1972)

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Bluebook (online)
481 P.2d 94, 82 N.M. 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-board-of-bar-examiners-nm-1971.