In Re Chi-Dooh Li

488 P.2d 259, 79 Wash. 2d 561, 1971 Wash. LEXIS 632
CourtWashington Supreme Court
DecidedAugust 26, 1971
Docket41627
StatusPublished
Cited by49 cases

This text of 488 P.2d 259 (In Re Chi-Dooh Li) is published on Counsel Stack Legal Research, covering Washington 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 Chi-Dooh Li, 488 P.2d 259, 79 Wash. 2d 561, 1971 Wash. LEXIS 632 (Wash. 1971).

Opinions

Neill, J.

Petitioner seeks admission to the practice of law in this state. He was denied admission to the bar by the Board of Governors of the State Bar Association solely on the basis of a requirement in APR 2B(2) and APR 5G(1) and RCW 2.48.190 and 2.48.210 that applicants be United States citizens.

[562]*562Petitioner is a citizen of the Republic of China, but has resided continuously in the United States since June, 1962. He is married to an American citizen and is a “resident alien” with permanent residence status, having been granted this status under federal immigration and naturalization statutes in January, 1969, by the United States Department of Justice. He has filed a sworn declaration of intent to become a citizen of the United States in accordance with federal law and will be eligible for citizenship in January, 1972. Pending hearing of this matter, petitioner was permitted to take the July, 1970, bar examination, which he passed. No question as to his qualifications is raised other than that of American citizenship.

Petitioner contends that the citizenship restrictions of the above-cited rules and statutes are invalid on constitutional due process and equal protection grounds, relying on Yick Wo v. Hopkins., 118 U.S. 356, 30 L. Ed. 220, 6 S. Ct. 1064 (1886); Takahashi v. Fish & Game Comm’n, 334 U.S. 410, 92 L. Ed. 1478, 68 S. Ct. 1138 (1948); Schware v. Board of Bar Examiners, 353 U.S. 232, 1 L. Ed. 2d 796, 77 S. Ct. 752, 64 A.L.R.2d 288 (1957). But cf., In re Admission to the Bar, 61 Neb. 58, 84 N.W. 611 (1900), and Large v. State Bar, 218 Cal. 334, 23 P.2d 288 (1933). He also contends that these rules and statutes conflict with federal immigration statutes (8 U.S.C. § 1101, et seq.), citing Hines v. Davidowitz, 312 U.S. 52, 85 L. Ed. 581, 61 S. Ct. 399 (1940); Takahashi v. Fish & Game Comm’n, supra; Purdy & Fitzpatrick v. State, 71 Cal. 2d 566, 456 P.2d 645 (1969). Finally, he urges that these state requirements conflict with the federal Civil Rights Act of 1870 (42 U.S.C. § 1981), citing Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 6 L. Ed. 23 (1824).

Since the commencement of these proceedings, Admission to Practice Rules have been amended. 78 Wn.2d xxiii, xxiv (1971).1 These amendments open bar membership to otherwise qualified resident aliens who have declared their [563]*563intent and are proceeding with due diligence to become citizens. These amendments, if effective, have removed petitioner’s ineligibility. The only question is whether the effectiveness of these amendments is precluded by RCW 2.48.190 and 2.48.210, requiring United States citizenship for admission to the practice of law.

The above statutes pose no bar to the amendment of Admission to Practice Rules, since they have been impliedly repealed by the State Bar Act of 1933 (Laws of 1933, ch. 94) establishing the integrated bar of this state.2

RCW 2.48.190 and 2.48.210 are codifications of Laws of 1921, ch. 126. The 1921 act provided:

No person shall be permitted to practice as an attorney or counselor at law . . . unless he is a citizen of the United States . . .

When the legislature enacted the comprehensive state bar act of 1933, a section was included repealing all acts and parts of acts in conflict. Laws of 1933, ch. 94, § 16. The 1933 act provides (RCW 2.48.060):

The said board of governors shall likewise have power, in its discretion, from time to time to adopt rules, subject to the approval of the supreme court, fixing the qualifications . . . for admission to the practice of law;

In a long line of cases we have held that a statute is impliedly repealed by a later legislative enactment if certain conditions are present in the later enactment. The conditions are (1) the later act covers the entire subject matter of the earlier legislation, is complete in itself, and is evidently intended to supersede prior legislation on the subject; or (2) the two acts are so clearly inconsistent with, and repugnant to, each other that they cannot be reconciled and both given effect by a fair and reasonable construction. [564]*564E.g., State v. Becker, 39 Wn.2d 94, 234 P.2d 897 (1951); State ex rel. Spokane & Eastern Branch of Seattle First Nat’l Bank v. Justice Court for Spokane Precinct, 189 Wash. 87, 63 P.2d 937 (1937).

The elements of condition (1) are clearly evident in this case. RCW 2.48.190 and 2.48.210 are a portion of Laws of 1921, ch. 126, which is entitled:

An Act relating to the practice of law, providing for a State Board of Law Examiners, defining its powers and duties, providing for the licensing of attorneys and counselors at law and for the suspension or revocation of licenses, providing penalties for the violation hereof,

The later enactment, Laws of 1933, ch. 94, is entitled:

An Act to create an association to be known as the “Washington State Bar Association;” to provide for its organization, government, membership and powers; to regulate the practice of law and to provide penalties for the violation of said act and repealing all acts or parts of acts in conflict therewith.

Each act is complete in itself. The 1933 act covers the entire subject matter of the 1921 act, i.e., the regulation of the practice of law, licensing of attorneys, qualifications to practice, and suspension and revocation of licenses. The 1933 act contains a general repealer section providing: “All acts and parts of acts in conflict with this act, or with any rule adopted hereunder, are . . . hereby repealed.” Although we have held that such language will not, of itself, constitute a repeal by implication (State v. Becker, supra; State Bd. Against Discrimination v. Board of Directors, 68 Wn.2d 262, 412 P.2d 769 (1966)), the use of this language by the legislature is clear evidence of its intent that prior legislation on the same subject be superseded and is added indicia of such effect.

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Cite This Page — Counsel Stack

Bluebook (online)
488 P.2d 259, 79 Wash. 2d 561, 1971 Wash. LEXIS 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chi-dooh-li-wash-1971.