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lawsuitattorneyappealwillappellant

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Paciulan v. George, 229 F.3d 1226, 00 Cal. Daily Op. Serv. 8430, 2000 Daily Journal D.A.R. 11,231

Facts

Appellants Richard J. Paciulan and William A. Kruse, both California residents and licensed attorneys in Massachusetts and Colorado respectively, filed a lawsuit challenging California Rule of Court 983, which restricts pro hac vice admission to nonresidents. They argued that this rule discriminated against them as California residents, violating their constitutional rights. The district court dismissed their complaint, stating that they failed to present a valid claim.

Issue

Did California Rule of Court 983 violate the constitutional rights of California residents by limiting pro hac vice admission to nonresidents?

Rule

States have the exclusive power to regulate the admission of attorneys to their bars, and the Privileges and Immunities Clause does not prohibit a state from imposing residency requirements for bar admission.

States have traditionally enjoyed the exclusive power to license and regulate members of their respective bars.

Analysis

The court found that the rule did not discriminate against California residents but rather applied uniformly to all individuals seeking pro hac vice admission. The court emphasized that states have the authority to set their own bar admission standards and that the appellants were not entitled to preferential treatment based on their out-of-state licenses.

The court found that the rule did not discriminate against California residents but rather applied uniformly to all individuals seeking pro hac vice admission.

Conclusion

The Court of Appeals affirmed the district court's dismissal of the complaint, concluding that California Rule of Court 983 was constitutional and did not infringe upon the appellants' rights.

Who won?

The State Bar of California prevailed because the court upheld the constitutionality of Rule 983, affirming the state's authority to regulate bar admissions.

The State Bar of California prevailed because the court upheld the constitutionality of Rule 983.

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