Petitions of Jackson

187 A.2d 536, 95 R.I. 393, 1963 R.I. LEXIS 13
CourtSupreme Court of Rhode Island
DecidedJanuary 23, 1963
DocketM. P. Nos. 1497, 1535
StatusPublished
Cited by16 cases

This text of 187 A.2d 536 (Petitions of Jackson) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petitions of Jackson, 187 A.2d 536, 95 R.I. 393, 1963 R.I. LEXIS 13 (R.I. 1963).

Opinions

[394]*394Roberts, J.

These are two petitions for admission on motion, so called, to the bar of this state pursuant to provisions therefor set out in rule 1 A of the rules of this court relating to the admission tO' practice of attorneys and counselors. In compliance with the pertinent provision of rule 3, these petitions, after filing, were referred to the board of bar examiners for investigation and for recommendation by said board as contemplated in rule 5. Upon completion of an investigation, said board of bar examiners in each case denied recommendation for admission to the bar, and each petitioner has prosecuted his appeal from that decision to this court.

It appears from the record that Richard Jackson, hereinafter referred to as petitioner Jackson, applied for admission to the bar of this state under the pertinent provision of rule 1 A on October 6, 1961, and recommendation for admission was denied by the board of bar examiners on January 17, 1962. John William Shields, hereinafter referred to as petitioner Shields, made a similar application for admission to the bar on March 14, 1960, and recommendation for admission was denied on July 19, 1960.

It is clear from the record that each petitioner is a man of unimpeached integrity and of excellent reputation. Each has an impressive educational background and has achieved substantial success in his chosen field of endeavor. In each case the board of bar examiners made clear that its denial of recommendation for admission was based solely upon its finding of noncompliance with the proviso set out in rule [395]*3951 A relating to the applicant’s prior engagement in the general practice of law.

It appears that petitioner Jackson was born in Medford, Massachusetts, on December 28, 1910. He graduated from Phillips Academy in Andover in 1929, from Dartmouth College in 1933, and from Columbia Law School in 1938. He was admitted to the bar of the state of New York in 1939 and practiced law in that jurisdiction until 1943, at which time he entered the naval service of the United States. Upon leaving the naval service in 1946, he was admitted to the bar of the Commonwealth of Massachusetts and at that time became associated with the law department of the Boston & Maine Railroad. He continued in the employment of that corporation until 1957, rising to the position of general counsel in the law department thereof. In 1957 he accepted a presidential appointment as Assistant Secretary of the Navy, in which capacity he served until 1961.

It further appears that petitioner Shields was bom in East Providence, Rhode Island, on April 2, 1912 and that in June 1931 he graduated from La Salle Academy in the city of Providence. It further appears that he graduated from Providence College in 1935 and from the Georgetown University School of Law in 1940, at which time he was admitted to the bar of the District of Columbia, where he practiced law until he entered the naval service of the United States in 1942. He has continued to serve in the naval establishment in the capacity of a Legal Officer until the present time, wherein he now holds the rank of Commander.

Admission on motion, so called, to the bar of this state contemplates the admission without examination of applicants who, as members of the bar of another state, have been actively engaged in the general practice of law for a. period of ten years. It is conceded that the denial of recommendation for admission on motion was predicated in [396]*396■each case upon the conclusion of the board that the applicant had not established that he had engaged in such general practice of the law for the period of time prescribed in rule 1 A.

Rule 1 A prescribes the qualifications to be established by those desiring admission to the bar of this state and includes a specification of the minimal educational requirements that must have been attained by such applicants. Rule 1 A thereafter contains the following proviso: “Provided, that any person complying with the provisions of paragraph First hereof, who has been admitted to the bar in some one of the United States or in the District of Columbia, and has been engaged in active general practice of law therein for at least ten years out of the fifteen years immediately preceding filing of application for admission in this state, shall prima fade be entitled to admission to the bar of this state; provided, further, that such person shall otherwise be qualified according to the rules of court and of the board of bar examiners.”

Rule 5 of said rules prescribes the method by which applications for admission to the bar shall be processed by the board of bar examiners. This rule, in pertinent part, reads as follows: “The board of bar examiners shall investigate the allegations in the applications and supporting statements referred to them, shall ascertain the character, qualifications, and attainments of the several applicants, and, unless otherwise specially ordered, shall examine the applicants as to their knowledge of law, and shall report to the court the names of such applicants as they shall recommend for admission to the bar.” It would appear then that the examiners, upon making a determination that an applicant for admission on motion had established his compliance with the prescribed provisions of the proviso in rule 1 A, shall, absent some other noncompliance, recommend his admission to the bar and request the court to specially [397]*397order, as contemplated in rule 5, that such admission be without examination, which, absent such special order, is required by rule 5. It was this recommendation to specially order the admission without examination of the instant petitioners that was denied in each case by the board.

The posture in which these appeals are presented brings into issue primarily the meaning of the phrase “general practice of law” as it is used in the proviso. We are of the opinion that the meaning properly to be ascribed to this phrase can be ascertained only from the language of the proviso considered in its entirety and in the light of the clear purpose thereof, which is to provide for the admission on motion to our bar of lawyers who by actual experience in the practice of law have established that their qualifications are such as to warrant their being admitted without examination as to their knowledge of the law.

The portion'of the rules which we are now considering is in the form of a proviso. However, it is our opinion that its operative effect, unlike that of most provisos, is not limited to those portions of the rule which immediately precede it, that is, the specification of the minimal educational requirements for admission to the bar. Rather, the circumstances here, in our opinion, disclose an intent that the terms of the proviso shall have application to the provisions of rule 5, which relates to the examination of applicants as to their knowledge of the law. See Bruzzi v. Board of Appeals, 84 R. I. 220.

The first condition for acquiring eligibility for admission under the proviso is to establish that the applicant “has been admitted to the bar in some one of the United States or in the District of Columbia * * The phrase “admitted to the bar” when used in this context was intended to be given its ordinary meaning, that is, that admission to the bar of some other jurisdiction was by the conventional method of complying with specified moral and intellectual [398]

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Bluebook (online)
187 A.2d 536, 95 R.I. 393, 1963 R.I. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petitions-of-jackson-ri-1963.