Anderson v. Coolin

• Decision Date: 20 May 1915
• Parties: W. A. ANDERSON, Appellant, v. ANDREW COOLIN, W. B. MITCHELL, Trustee, E. H. BERG, Trustee, CHARLES W. BEARDMORE, and WASHINGTON TRUST CO., a Corporation, Respondents
• Court: Idaho Supreme Court

149 P. 286

27 Idaho 334

W. A. ANDERSON, Appellant, v. ANDREW COOLIN, W. B. MITCHELL, Trustee, E. H. BERG, Trustee, CHARLES W. BEARDMORE, and WASHINGTON TRUST CO., a Corporation, Respondents

Supreme Court of Idaho

May 20, 1915

ADMISSION AND PRACTICE OF ATTORNEYS-STATUTORY REQUIREMENTS-APPEARANCE OF FOREIGN ATTORNEYS IN DISTRICT AND SUPREME COURTS-HOW REGULATED-MOTION TO STRIKE IMPROPER BRIEF SUSTAINED.

1. Section 3990, Rev. Codes, provides: "Any citizen or person, resident of this state, or who has bona fide declared his intention to become a citizen in the manner required by law, of the age of twenty-one years, of good moral character and who possesses the necessary qualifications of learning and ability, is entitled to admission as attorney and counselor in all courts of this state." But, before being admitted as such attorney and counselor, as provided by sec. 3991, Rev. Codes, as amended by Sess. L. 1909, p. 110 "must produce satisfactory testimonials of good moral character and.... undergo a strict examination in open court as to his qualifications, by the justices of the supreme court." Sec. 3994, Rev. Codes, as amended by Sess. L. 1911, p. 338, provides: "The examination may be dispensed with in the case of any person who has been admitted to practice law under license or certificate from the highest court of another state or territory, and has thereafter actually engaged in the practice of law as a principal occupation for not less than three years immediately preceding with [the] date of application for admission to practice in this state, and who is in good standing as such."

2. Sec 3995, Rev. Codes, provides: "Each clerk must keep a roll of attorneys and counselors admitted to practice by the court of which he is clerk, which roll must be signed by the person admitted before he receives a license."

3. Sec 3996, Rev. Codes, provides in substance that if any person shall practice law in this state in any court, except a justice's court, without having received a license as attorney and counselor, he is guilty of a contempt of court.

4. Under the amendment to sec. 3991, Rev. Codes, supra, the admission of attorneys of sister states and territories to practice in all the courts of this state is placed wholly within the jurisdic- tion of the supreme court of this state, and the law does not authorize the admission of such attorneys by the district courts.

5. Subdivision 4 of sec. 4002, Rev. Codes, provides, as one of the causes for which an attorney may be disbarred or suspended: "Lending his name to be used as an attorney and counselor by any other person who is not an attorney and counselor," and regularly admitted to practice.

6. Sec. 4198, Rev. Codes, provides: "All pleadings filed in the district courts or supreme court of this state shall be signed by a resident attorney of the state of Idaho, who shall state his residence or postoffice address; and the name of a resident attorney shall be indorsed on all summons issued out of the district courts, and all pleadings required to be verified shall be verified by a party to the action, or any attorney residing in the state of Idaho and regularly admitted to practice in the courts of this state."

7. Nonresident attorneys, who are admitted to practice in this state under section 3994, Rev. Codes, as amended, supra, in order that they may be permitted to appear in the courts of this state, must associate with them a resident attorney who has been regularly admitted to practice in the courts of this state, who shall be held primarily responsible by, and answerable to, the courts of this state, for all proceedings had in connection with the litigation in which they are so employed before the courts of this state. Said employment of a resident attorney is not to be a mere subterfuge, but bona fide and in good faith, and for which services, said attorney is entitled to charge and receive adequate compensation.

8. Upon motion, an order will be made by this court striking the name of a person who has not been regularly admitted to practice in the courts of this state, or by comity extended upon application by the court, from all original files and briefs, where the name of said person appears; and he will be denied the right to appear in this court, or the district courts of this state, as an attorney and counselor, until he has fully complied with all of the requirements of the statutes of this state governing the admission of attorneys and counselors to practice law in this jurisdiction.

9. A motion will be sustained to strike from the files, briefs couched in language disrespectful to the court and court officers, and unbecoming an attorney and officer of the court.

Motion to strike from all papers filed in a cause the name of an attorney not admitted by law to practice in this state; and to strike from the files in the case a brief couched in language disrespectful to the court and court officers, and unbecoming an attorney, which motion was sustained.

J. F. Ailshie, E. N. La Veine and Peacock & Ludden, for Appellant.

W. F. McNaughton, for Respondents.

Counsel file no briefs on motion to strike.

BUDGE, J. Sullivan, C. J., and Morgan, J., concur.

OPINION

BUDGE, J.

W. B. Mitchell appeared in the district court of the eighth judicial district as an attorney in the case wherein W. A. Anderson was plaintiff and Andrew Coolin, W. B. Mitchell, trustee, E. H. Berg, trustee, Charles W. Beardmore and Washington Trust Co., a corporation, were defendants. An appeal from the judgment in said cause is now pending in this court, in which the said W. B. Mitchell appears as attorney for the respondents, in whose behalf he prepared, filed and served upon counsel for the appellants a brief in said cause. On May 1st, 1915, counsel for appellant filed a motion in this court "to strike from all the papers and files originally filed in this court the name of W. B. Mitchell as attorney for respondent, . . . . upon the ground that the said W. B. Mitchell is not an attorney admitted or entitled to practice in the courts of Idaho, and upon the further ground that the district court has no power or authority to permit an attorney to practice law in this state, and particularly no authority to permit or grant him leave to appear in this court, and that the district judge, from whose decision this appeal is prosecuted, has never pretended or purported to grant such leave, and upon the further ground that the records and files in this case show that the said W. B. Mitchell is not entitled to be extended the right to appear as attorney for any litigant by courtesy or otherwise."

Sec. 3990, Rev. Codes, provides: "Any citizen or person, resident of this state, who has bona fide declared his intention to become a citizen in the manner required by law, of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as attorney and counselor in all courts of this state."

Sec. 3991, Rev. Codes, as amended by Sess. L. 1909, p. 110, provides: "Every applicant for admission as an attorney and counselor must produce satisfactory testimonials of good moral character, and, except as hereinbefore provided, undergo a strict examination in open court as to his qualifications, by the justices of the supreme court."

Sec. 3992, Rev. Codes, provides: "If, upon such examination in the supreme court, the applicant is found qualified, the court shall admit him as attorney and counselor in all the courts in this state, and shall direct an order to be entered to that effect upon its record, and that a certificate of such record be given to him by the clerk of the court, which certificate is his license."

Sec. 3993, Rev. Codes, provides: "Every person, before receiving license to practice law, shall take the oath prescribed by law, and shall pay to the state treasurer the sum of twenty-five dollars for the use of the state library fund, and the clerk of the court shall require of the person so admitted the receipt of the said treasurer, before issuing such license, and in no case shall the oath be administered or the license issued until such receipt is produced and filed in the office of the clerk."

Sec. 3995, Rev. Codes, provides: "Each clerk must keep a roll of attorneys and counselors admitted to practice by the court of which he is clerk, which roll must be signed by the person admitted before he receives a license."

Sec. 3996, Rev. Codes, provides: "If any person shall practice law in any court, except a justice's court, without having received a license as attorney and counselor, he is guilty of a contempt of court."

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