Ex Parte Ross., 14595.

• Decision Date: 09 September 1943
• Docket Number: No. 14595.,14595.
• Parties: Ex parte ROSS.
• Court: Georgia Supreme Court

26 S.E.2d 880

Ex parte ROSS.

No. 14595.

Supreme Court of Georgia.

Sept. 9, 1943.

[26 S.E.2d 880]Syllabus by the Court.

1.A judge of the superior court is neither required nor by law authorized to order issuance of a license to practice law in this State, except to persons licensed to practice law in another State or the District of Columbia, until the applicant has first stood the State bar examination and made at least seventy per cent, on such examination, and the State board of bar examiners has certified to the judge that such applicant is entitled to practice law.

2. Where the petitioner sought admission to the bar of this State, alleging that he had correctly answered all questions in a State bar examination, but that the State Board of bar examiners had discriminated against him because of his African descent and had fraudulently certified to the superior court that he was not entitled to practice law in this State but the evidence failed to show that he had in fact made the requisite grade of seventy per cent, on the examination, or that the board was guilty of any fraud or misconduct towards him, he was not entitled to the relief sought by the petition, whether or not in any event he would be entitled to admission to the bar of this State without a certificate from the State board of bar examiners.

3. The State board of bar examiners is not a quasi-judicial board whose action may be reviewed by the writ of certiorari. Whether or not any complaint which the plaintiff has against that board may be determined by the writ of mandamus, the present proceeding is not a mandamus proceeding and is not an available remedy.

[26 S.E.2d 881]

Error from Superior Court, Richmond County; A. L. Franklin, Judge.

Motion by George Elmer Ross for admission to the Georgia bar. The motion was denied, and movant brings error.

Affirmed.

Statement of facts by DUCKWORTH, Justice:

An ex parte written motion of George Elmer Ross, filed in the superior court of Richmond County, Georgia, states that the petitioner desires to become a member of the Georgia bar, and to that end seeks an order admitting him to practice in this State, except in the Supreme Court and the Court of Appeals. The motion asserts that the movant is of African descent, a citizen of the United States and of this State, and has resided since February 4, 1936, in Richmond County. The motion states that movant made application for permission to and did take the State bar examinations held in December, 1939...