In re Amendola

895 P.2d 1298, 111 Nev. 785, 1995 Nev. LEXIS 62
CourtNevada Supreme Court
DecidedMay 25, 1995
DocketNo. 26156
StatusPublished
Cited by1 cases

This text of 895 P.2d 1298 (In re Amendola) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendola, 895 P.2d 1298, 111 Nev. 785, 1995 Nev. LEXIS 62 (Neb. 1995).

Opinion

[786]*786OPINION

Per Curiam:

Petitioner Michael A. Amendola seeks a waiver of SCR 51(3), the rule requiring that all applicants for admission to practice law in this state must have received a bachelor of laws degree, or an equivalent degree, from a law school approved by the American [787]*787Bar Association (ABA). Petitioner concedes that the law school he attended, the San Fernando Valley College of Law (SFVCL), was not accredited by the ABA at the time he attended, and that it has never been accredited by the ABA. Petitioner contends that he is nonetheless entitled to a waiver of SCR 51(3) because the education he received at SFVCL was “functionally equivalent” to an education provided at an ABA-accredited school. See, e.g., Bennett v. State Bar, 103 Nev. 519, 746 P.2d 143 (1987) (where the record as a whole demonstrated that education received at unaccredited law school was functionally equivalent to that provided at ABA-accredited school, waiver of SCR 51(3) was appropriate); SCR 51(7)(c).1

Specifically, petitioner contends that he is entitled to a waiver of SCR 51(3) because this court has previously concluded that SFVCL provided a “functionally equivalent” education at the time he graduated. We disagree. As the history of the admission of SFVCL graduates to the practice of law in this state illustrates, this court has never unequivocally held that SFVCL provided the functional equivalent of an ABA-accredited law school education.2

In the case of In re Nort, 96 Nev. 85, 605 P.2d 627 (1980), this court chronicled the reasoning behind prior decisions resolving petitions for waiver of SCR 51(3), including petitions from graduates of SFVCL. The discussion in Nort and this court’s files reveal, for example, that a petition seeking a waiver of SCR 51(3) was filed in this court in 1978 by a graduate of SFVCL.3 The petitioner in that matter contended that SFVCL was unaccredited solely because it was operated for profit, a ground unrelated to the quality of legal education. The Board of Bar Examiners of the State Bar of Nevada did not initially contest the petitioner’s contention, and this court permitted the petitioner to sit for the [788]*7881978 Nevada Bar Examination, deferring a final decision on the merits of the petition until after the examination.

Only after the petitioner passed the examination did the Board seek to challenge his substantive allegation that SFVCL was not accredited solely because it was operated for profit. As this court observed in Nort:

Under these circumstances, when [petitioner] had expended the considerable time and effort required to prepare for the bar examination, without any indication from the Board of Bar Examiners that opposition would consist of any more than an urging that the court strictly enforce [SCR 51(3)] ... the court determined to proceed with granting [a waiver] of the rule.

Id. at 91-92, 605 P.2d at 632.

In 1979, two more graduates of SFVCL filed petitions for waivers of SCR 51(3), In re Abrahams, Docket No. 11718; In re Homick, Docket No. 11789. Id. at 92, 605 P.2d at 632. By 1979, however, this court had information “upon which to reevaluate, in a timely manner, the claims of the petitioners that their schools lacked ABA accreditation solely because of the operation of [ABA] Rule 202.”4 Id. at 93, 605 P.2d at 633. Although the ABA had agreed in 1977 to accept applications for provisional accreditation from proprietary schools, no proprietary school had submitted an application by April of 1979.5 This court therefore concluded that the applicants had not demonstrated that their schools were unaccredited by the ABA solely by the operation of Rule 202. Id. at 93-94, 605 P.2d at 634. Rather, as this court observed in Nort, an order of this court granting the petitions of Nort and the SFVCL graduates in 1979 would have “represented an abandonment of the accreditation rule itself, by requiring a factual determination by this court, or the Board of Bar Examiners, as to the quality of the educational program offered by the law school attended by each petitioner.” Id. at 94, 605 P.2d at 634.

We have consistently declined to engage in such factual determinations or to require the Board to do so. Instead, we have emphasized:

In common with many other jurisdictions, we have elected to make use of the accreditation resources of the American Bar Association, in order to provide for an effective evaluation of an applicant’s legal education without imposing an [789]*789impossible burden on the resources of this court or the Board of Bar Examiners. ... On the other hand, we have been mindful that the ultimate responsibility is also ours to ensure that applicants are treated fairly, and that the rules do not operate in a manner inconsistent with the constitutional protections afforded those who seek to practice their chosen profession within this state.

Id. at 89, 605 P.2d at 630-631 (citations omitted); see also Bennett v. State Bar, 103 Nev. 519, 522, 746 P.2d 143, 145 (1987) (“[t]o evaluate an applicant’s legal education effectively and expeditiously, without imposing an excessive burden on our resources, this court has elected to utilize the accreditation resources of the ABA”); former SCR 51(7)(a-c) (placed burden on applicant to demonstrate entitlement to a waiver “without imposing an excessive burden on the court or the bar”).

In 1983, Jeffrey Fihn, a 1976 graduate of SFVCL,6 petitioned for a waiver of SCR 51(3). Fihn had been a practicing Indiana attorney for six years, including four years as an Indiana Deputy Attorney General. Prior to his admission to practice in Indiana, Fihn had also clerked for an Indiana attorney. In his petition, Fihn contended, among other things, that the sole reason SFVCL was unaccredited was that it was operated for profit. Fihn’s petition was supported by extensive documentation regarding SFVCL at the time he attended the school. Upon initial review of his petition, this court concluded that Fihn had made “a prima facie showing that his law school was denied accreditation, at the time of his graduation, solely for reasons unrelated to the quality of his education.” Fihn v. State Bar, Docket No. 14809 (Order, June 15, 1983). The state bar filed a response, and this court granted Fihn a waiver of SCR 51(3), concluding that “the Bar ha[d] not adequately countered [Fihn’s] prima facie showing.” Fihn v. State Bar, Docket No. 14809 (Order Granting Petition, October 28, 1983); see also Bennett v. State Bar, 103 Nev. 519, 526 n.4, 746 P.2d 143, 148 (1987).

In 1992, Pamela Lawson, a 1979 graduate of SFVCL, petitioned for a waiver of SCR 51(3). Following a hearing, the Board of Bar Examiners recommended that this court grant her petition. As the Board noted, Lawson had graduated in the top six percent of her class at SFVCL, and had been a practicing California attorney for thirteen years at the time she petitioned for admission.

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Cite This Page — Counsel Stack

Bluebook (online)
895 P.2d 1298, 111 Nev. 785, 1995 Nev. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendola-nev-1995.