In re Anonymous

577 N.E.2d 51, 78 N.Y.2d 227, 573 N.Y.S.2d 60, 1991 N.Y. LEXIS 1017
CourtNew York Court of Appeals
DecidedJuly 9, 1991
StatusPublished
Cited by7 cases

This text of 577 N.E.2d 51 (In re Anonymous) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Anonymous, 577 N.E.2d 51, 78 N.Y.2d 227, 573 N.Y.S.2d 60, 1991 N.Y. LEXIS 1017 (N.Y. 1991).

Opinion

OPINION OF THE COURT

Per Curiam.

Petitioner, who passed the Bar examination 27 years before applying for admission to practice law in New York, challenges the determination of the Committee on Character and Fitness, affirmed by the Appellate Division, denying his application on the ground of "inordinate delay.” We conclude that the Committee exceeded its authority in denying petitioner’s application on that basis.

After graduation from Harvard Law School in 1959, petitioner that same year passed the Massachusetts Bar examina[229]*229tian and was admitted to practice in that State. He enrolled in Harvard Graduate School of Business Administration, finishing in 1961, and thereafter accepted a position with an investment banking firm in New York City. In January 1962, petitioner was certified as having passed the New York Bar examination, but he made no effort to complete the admission process until October 1989. At no time did petitioner practice law, in Massachusetts or elsewhere.

In November 1989, during an interview before a subcommittee of the Committee on Character and Fitness, petitioner was told that because of his delay in applying, the subcommittee could not immediately recommend his admission. The subcommittee in fact recommended denial of his application based on the delay.

Petitioner then elected to present his case to the full Committee. At a meeting held in April 1990, he explained that he had delayed completing his application because of his work in the investment banking field, and based on assurances that there was no time limit on his application for membership in the New York Bar. He told the Committee that recent changes in the nature of investment banking and his firm’s practice, as well as his desire to become "of counsel” to a law firm at some point in the future, motivated his application at that time.

Petitioner submitted evidence to the Committee indicating that, although he had never formally engaged in the practice of law in any jurisdiction, he had been involved in numerous business transactions with attorneys concerning legal issues. He also provided affidavits attesting to his background and good moral character.

The Committee adopted the subcommittee report as its report to the Appellate Division. The report concluded that, in determining an applicant’s fitness, the Appellate Division had the power to consider the passage of time between the taking of the Bar examination and the application for admission, and that a delay of 27 years was inordinate. It further concluded that petitioner’s business acuity and distinguished record of community service did not excuse the delay.

After his application was denied, petitioner instituted the present proceeding at the Appellate Division, First Department (see, 22 NYCRR 602.1 [m]; CPLR 9404), for an order granting his application for admission notwithstanding the Committee’s recommendation. The motion was denied, with[230]*230out opinion, and we granted petitioner’s motion for leave to appeal.

We now reverse the Appellate Division order, agreeing with petitioner that the Committee and the court improperly relied on delay as the basis for finding him unfit to practice law.

Admission to the Bar is a two-part qualification process. Section 53 of the Judiciary Law vests the Court of Appeals with broad authority to promulgate rules regulating the admission of attorneys to practice in this State, including the power to provide for a uniform system of examining candidates seeking admission (Judiciary Law § 53 [1], [3]). Pursuant to that authority, this Court has promulgated rules governing uniform educational requirements (22 NYCRR 520.3, 520.4, 520.5), rules creating a uniform Bar examination (22 NYCRR 520.7, 520.8), and a rule governing admission without examination (22 NYCRR 520.9). Although a person may be admitted to the Bar only by order of the appropriate Appellate Division department (22 NYCRR 520.1 [a]), no application may be entertained by that court unless the Board of Law Examiners, which oversees the examination, has certified that the applicant has successfully completed the examination process (see, 22 NYCRR 520.6, 520.7; 22 NYCRR part 6000; see also, Judiciary Law § 56).

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Bluebook (online)
577 N.E.2d 51, 78 N.Y.2d 227, 573 N.Y.S.2d 60, 1991 N.Y. LEXIS 1017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-ny-1991.