In re Admission To the Bar

• Decision Date: 18 December 1900
• Citation: 84 N.W. 611,61 Neb. 58
• Parties: IN RE ADMISSION TO THE BAR
• Court: Nebraska Supreme Court

84 N.W. 611

61 Neb. 58

IN RE ADMISSION TO THE BAR

Supreme Court of Nebraska

December 18, 1900

OPINION

PER CURIAM.

Upon the report of the commission appointed at the present term pursuant to the requirements of a rule of this court, to pass upon and report the qualifications of applicants for admission as attorneys and counselors, some questions have arisen which it is necessary for us now to determine.

1. In 1895 the legislature passed an act (ch. 6) to regulate the admission of attorneys at law. Prior thereto they had been licensed to practice in the several courts of this state upon such investigation into the character and qualifications of the applicants as each court deemed proper to prescribe. The act above referred to did not in express terms repeal sections 3 and 9 of chapter 7 of the Compiled Statutes entitled "Attorneys," and it appears that some of the district courts are still assuming the power to admit to practice generally persons who present certificates of admission from the courts of other states and of territories and that thereafter such persons apply to this court for admission on a motion made as a matter of course. Such action upon the part of a district court is wholly without authority of law, and such admissions, together with any action taken in reliance thereon, are wholly void. The plain intention of the legislative power, and the necessary effect of the act above referred to, was to vest the power to admit persons to practice as attorneys and counselors of the courts of this state, solely in the supreme court. The act is complete in itself and results in repealing sections 3 and 9 above referred to.

2. A necessary qualification for admission to practice generally is that the applicant must be a citizen of the United States and a resident of this state. An alien can not well take the oath required of attorneys and counselors by section 4 of said chapter 7. Furthermore, such persons and practicing attorneys who reside in other states or any of the territories are, as a rule, out of the jurisdiction of the courts of this state, and beyond the reach of its process in case their professional action is called in question and the disciplinary power of the court is invoked against them.

3. Such alien or non-resident attorney may, however, as a matter of comity, be permitted, by any court of record in which there is pending any cause in which he may be interested, to appear for some of the purposes of said cause upon being fully satisfied as to his professional character and standing at the bar of the place of his residence. Of course, it is not permitted to such an attorney to commence actions or sign pleadings or papers on behalf of any litigant. Such powers are expressly reserved to the duly admitted attorneys and...