Higgins v. Hartford County Bar Asso.

149 A. 415, 111 Conn. 47
Supreme Court of Connecticut·Decided March 5, 1930·Published·Cited by 12 cases

Opinion

Banks, J.

To entitle an applicant for admission to the bar of this State to take the required examination he must, in addition to other requirements, satisfy the Bar Examining Committee that he is a person of good moral character, that he has filed with the clerk of the Superior Court in the county in which he intends to apply for admission a notice of his intention to apply for examination, and that subsequently, at a meeting of the bar, it was voted to approve such intended application. Practice Book, pp. 237-239, § 4.

In the case of O’Brien’s Petition, 79 Conn. 46, 63 Atl. 777, the “notice of intention” of an applicant for admission to the bar of Fairfield County was referred to its standing committee on admissions which, after investigation of his moral character and qualifications, filed a report advising that he be not recommended for examination, which report was accepted by the bar and action taken accordingly. We there pointed out that long before the adoption of the Constitution of this State it was, and ever since has been, the settled and unbroken practice of our courts, under legislative sanction and authority, to admit no one as an attorney not recommended by the bar of the county; and of the bar to recommend no one of whose moral character it was not well satisfied after a careful and impartial investigation; that an American citizen had no inherent right to enter upon the public profession of the *50 law, and that there is nothing in our Constitution or the Fourteenth Amendment of the Federal Constitution which abridges in these respects the long-established powers of court and bar. We accordingly held that the investigation into the applicant’s moral qualifications might well be made by a committee of the bar appointed for that purpose, which was not obliged to give him the names of those appearing before it, that he was not entitled to be heard at the bar meeting upon the question of the adoption of the committee’s report, and that upon his petition to the Superior Court that court might inquire whether the bar, in withholding its recommendation, had acted fairly and reasonably or from prejudice, but that it did not err in refusing to hear evidence as to the petitioner’s qualifications. Our decision in that case disposed, adversely to the plaintiff’s contentions, of many of the assignments of error most strenuously urged by him upon this appeal.

The plaintiff’s appeal contains some one hundred and seventy assignments of error. Most of them are utterly devoid of merit. Certain interlocutory rulings which are attacked, including the denial of plaintiff’s motion for oyer, motion to expunge and motion to strike out certain testimony, were clearly correct and in any event could not have affected the judgment. The unsubstantial nature of many of the assignments is indicated in the fact that various paragraphs of the appeal predicate error upon the alleged failure of the court to file a finding in the face of the finding appearing in the record. A large number of paragraphs of the appeal attack the judgment by merely reciting that the court erred in denying and refusing to grant the various claims and prayers of the plaintiff for relief. The plaintiff upon the trial offered to introduce evidence for the purpose of showing his general fitness, competency and moral qualifications for admission to *51 the bar, which the court excluded upon the ground that such qualifications were not before it for determination and the plaintiff duly excepted. This ruling was correct. O’Brien’s Petition, supra. The plaintiff assigned as error the failure of the court to set out in the finding the numerous exceptions taken by the plaintiff and allowed by the court throughout the trial. This the court was not obliged to do since the request for a finding did not set forth the rulings upon the evidence as required by our rule. Practice Book, p. 272, § 133.

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Higgins v. Hartford County Bar Asso., 149 A. 415, 111 Conn. 47 (Colo. 1930).

149 A. 415 (Higgins v. Hartford County Bar Asso.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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