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attorneyappeallegislative intent

attorney

Related Cases

In re Cooper, 8 E.P. Smith 67, 22 N.Y. 67, 20 How. Pr. 1, 11 Abb.Pr. 301

Facts

The graduates of Columbia College Law School applied to the Supreme Court for admission to practice as attorneys under an act passed in 1860. This act stipulated that graduates could be admitted based on their diploma, which required a minimum attendance of eighteen months at the law school. The Supreme Court denied their application, leading to an appeal. The court's decision was based on the interpretation of the act in relation to constitutional provisions regarding the admission of attorneys.

The graduates of Columbia College Law School applied to the Supreme Court for admission to practice as attorneys under an act passed in 1860.

Issue

Whether the act of April 7, 1860, allowing graduates of Columbia College Law School to be admitted to practice based solely on their diploma, is constitutional and whether the Supreme Court has the exclusive power to admit attorneys.

The first is, that it makes the possession by a graduate of the Law School of Columbia College of a diploma conferring the degree of Bachelor of Laws the only prerequisite of admission to practise, while the Constitution requires that the applicant, to be entitled to such admission, must be a male citizen of the age of twenty-one years.

Rule

The court determined that the act of 1860 must be construed in harmony with the Constitution, which grants the right of admission to those who meet certain qualifications. The court also held that the admission of attorneys is a judicial act, and the legislature can impose conditions on privileges granted by itself.

The act was obviously passed with reference solely to the learning and ability of the applicant, and for the mere purpose of substituting the examination by the Law Committee of the College for that of the court.

Analysis

The court analyzed the act of 1860 in conjunction with the Constitution, concluding that the act did not violate constitutional requirements for admission. It emphasized that the act was intended to ensure that graduates had the necessary legal knowledge and ability, and that the diploma served as evidence of this qualification. The court also noted that the legislative intent was to streamline the admission process without infringing on the rights granted by the Constitution.

The court analyzed the act of 1860 in conjunction with the Constitution, concluding that the act did not violate constitutional requirements for admission.

Conclusion

The court affirmed the denial of the graduates' application for admission to practice as attorneys, ruling that the act of April 7, 1860, was constitutional and did not conflict with the court's authority.

Who won?

The State prevailed in this case, as the court upheld the denial of the graduates' application based on the interpretation of the legislative act and its alignment with constitutional provisions.

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