Sommermeyer v. Supreme Court of Wyoming

Tenth Circuit

Sommermeyer v. Supreme Court of Wyoming

871 F.2d 111, 1989 U.S. App. LEXIS 3858

CourtCourt of Appeals for the Tenth Circuit

DecidedFebruary 1, 1989

DocketNo. 87-1811

StatusPublished

Cited by1 cases

This text of 871 F.2d 111 (Sommermeyer v. Supreme Court of Wyoming) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sommermeyer v. Supreme Court of Wyoming, 871 F.2d 111, 1989 U.S. App. LEXIS 3858 (10th Cir. 1989).

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Opinion

TACHA, Circuit Judge.

This is an appeal from an order of the district court upholding the rules of the Wyoming Supreme Court which required that an attorney be a resident of the State of Wyoming in order to be eligible for admission to the bar on motion instead of by taking a bar examination, 659 F.Supp. 207 (1987). Plaintiff Sommermeyer challenges the residency requirement on the grounds that it violates the privileges and immunities clause of article 4, section 2 of the federal constitution. In our view this case is controlled by the recent United States Supreme Court decision in Supreme Court of Virginia v. Friedman, — U.S. -, 108 S.Ct. 2260, 101 L.Ed.2d 56 (1988). Based upon that decision we hold that Wyoming Supreme Court Rule 5(c) is unconstitutional, and REVERSE and REMAND to the district court with instructions to enter an order directing that the appropriate official in the State of Wyoming admit plaintiff to the bar of the state.

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TACHA, Circuit Judge.

This is an appeal from an order of the district court upholding the rules of the Wyoming Supreme Court which required that an attorney be a resident of the State of Wyoming in order to be eligible for admission to the bar on motion instead of by taking a bar examination, 659 F.Supp. 207 (1987). Plaintiff Sommermeyer challenges the residency requirement on the grounds that it violates the privileges and immunities clause of article 4, section 2 of the federal constitution. In our view this case is controlled by the recent United States Supreme Court decision in Supreme Court of Virginia v. Friedman, — U.S. -, 108 S.Ct. 2260, 101 L.Ed.2d 56 (1988). Based upon that decision we hold that Wyoming Supreme Court Rule 5(c) is unconstitutional, and REVERSE and REMAND to the district court with instructions to enter an order directing that the appropriate official in the State of Wyoming admit plaintiff to the bar of the state.

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871 F.2d 111, 1989 U.S. App. LEXIS 3858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sommermeyer-v-supreme-court-of-wyoming-ca10-1989.

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