Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

appealdue process

due process

Related Cases

Schware v. Board of Bar Exam. of State of N.M., 353 U.S. 232, 77 S.Ct. 752, 1 L.Ed.2d 796, 64 A.L.R.2d 288

Facts

Rudolph Schware applied to take the bar examination in New Mexico shortly before his graduation from law school. He disclosed his past use of aliases and several arrests prior to 1940. The Board of Bar Examiners denied his application, citing concerns about his moral character due to his past affiliations and arrests. Schware provided character witnesses and evidence of his good conduct since then, but the Board upheld its decision, leading to an appeal to the New Mexico Supreme Court, which also denied his application.

In December 1953, on the eve of his graduation from the University of New Mexico School of Law, Schware filed an application with the Board of Bar Examiners requesting that he be permitted to take the bar examination scheduled for February 1954.

Issue

Whether Rudolph Schware was denied a license to practice law in New Mexico in violation of the Due Process Clause of the Fourteenth Amendment.

The question presented is whether petitioner, Rudolph Schware, has been denied a license to practice law in New Mexico in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

Rule

A State cannot exclude a person from the practice of law based on arbitrary standards or considerations that violate the Due Process or Equal Protection Clause of the Fourteenth Amendment.

A State cannot exclude a person from the practice of law or from any other occupation in a manner or for reasons that contravene the Due Process or Equal Protection Clause of the Fourteenth Amendment.

Analysis

The U.S. Supreme Court analyzed the evidence presented regarding Schware's character and past actions. It found that the Board's reliance on his past membership in the Communist Party, use of aliases, and arrests did not provide a rational basis for concluding that he lacked good moral character. The Court emphasized that there was no evidence of misconduct in the 15 years prior to his application, and that the factors cited by the Board were insufficient to justify the denial of his application.

The record shows the following facts relevant to Schware's moral character. He was born in a poor section of New York City in 1914 and grew up in a neighborhood inhabited primarily by recent immigrants. Schware took a job when he was nine years old and throughout the remainder of school worked to help provide necessary income for his family.

Conclusion

The U.S. Supreme Court reversed the decision of the New Mexico Supreme Court, holding that Schware was denied due process in his application to take the bar examination.

On the record before us we hold that the State of New Mexico deprived petitioner of due process in denying him the opportunity to qualify for the practice of law.

Who won?

Rudolph Schware prevailed in the case because the U.S. Supreme Court found that the denial of his application was arbitrary and violated his due process rights.

The State concedes that Schware is fully qualified to take the examination in all respects other than good moral character.

You must be

Log In to Casey

Sign Up to Casey

Reset Your Password

Keywords

Related Cases

Miller v. Angliker, 848 F.2d 1312

National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 96 S.Ct. 2778, 49 L.Ed.2d 747, 21 Fed.R.Serv.2d 1027, 1976-1 Trade Cases P 60,941

U.S. v. Safavian, Not Reported in F.Supp.2d, 2006 WL 3378479

San Diegans for Open Government v. City of San Diego, 247 Cal.App.4th 1306, 203 Cal.Rptr.3d 34, 16 Cal. Daily Op. Serv. 5941, 2016 Daily Journal D.A.R. 5453

Meehan v. Hopps, 45 Cal.2d 213, 288 P.2d 267