Ex Parte Coleman

• Citation: 15 S.W. 470
• Parties: <I>Ex parte</I> COLEMAN.
• Decision Date: 21 February 1891
• Court: Arkansas Supreme Court

15 S.W. 470

Ex parte COLEMAN.

Supreme Court of Arkansas.

February 21, 1891.

Petition for license as an attorney at law.

C. T. Coleman, pro se.

BATTLE, J.

Charles T. Coleman asks that he be "licensed as an attorney at law and solicitor in chancery," and says that he is not over 21 years of age, "but that his disabilities have been removed generally by an order of the Pulaskicircuit court."

The statute which prescribes the qualifications of a person entitled to be permitted to practice law in the courts of this state says he must be a male citizen of the state, and of the age of 21 years. Coleman is not 21 years old, but says that the disability of minority has been removed from him by an order of the Pulaski circuit court. The statute under which this order was made, in defining the jurisdiction of the circuit courts, says: "They shall have power to authorize any person who is a resident of the county, and under twenty-one years of age, to transact business in general, and any particular business specified, in like manner, and with the same effect, as if such a thing was done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age." Mansf. Dig. § 1362.

Under this statute, and the order of the Pulaski circuit court, Coleman is authorized to transact business in general, in like manner and with the same effect as he could do if he was 21 years old. But does it entitle him to practice law, if he has the other qualifications?

Attorneys at law are officers of the courts, and, if qualified, are valuable auxiliaries in the administration of justice and the enforcement of the laws. They are as essential to the successful workings of the courts as the clerk or sheriff, and sometimes as the judges themselves. Their utility and importance have ever been recognized by the laws of this state, and qualifications to practice law have been prescribed to protect the courts, the public, and the profession against the admission of incompetent or unworthy members. Under the laws of this state, no one, except a male citizen of the age of 21 years or over, of good moral character, possessing the requisite qualifications of learning and ability, is entitled to be admitted. Every applicant, before his admission, is required to be examined in open court touching his knowledge of the law, and to "produce to the court, by sworn petition, satisfactory proof of his qualifications, and to take an oath to support the constitution of the United States and of this state, and faithfully discharge the duties of the office upon which he is about to enter." Mansf. Dig. §§ 406-408.

The statutes prescribing the qualifications of those who shall be admitted to practice law are special statutes. They prescribe the qualifications of persons allowed to follow a particular vocation. These qualifications are required in every case. The statute under which the Pulaski circuit court made the order under which Coleman claims his disability was removed, was enacted subsequently to the statutes prescribing the qualifications of those who can be admitted to practice law, and is a general statute, and does not expressly repeal or modify the special statutes fixing the qualifications...