Imágenes de páginas
PDF
EPUB

be eligible as chief who shall not have served as a justice at least two years. Among those who are eligible, justices who have not before served as chief shall be preferred, and among the latter seniority, as determined by this rule, shall control. If all the eligible justices shall have before served as chief, then that justice shall succeed whose last term as chief is most remote in point of time.

ADMISSIONS TO THE BAR-BOARD OF EXAMINERS.

RULE 39. There shall be appointed by this court a State Board of Law Examiners, to consist of five members of the bar of at least five years' standing,-one from each Appellate Court district. and one from the State at large,—to hold, regulate, supervise and control examinations for admission to the bar, and to examine and report upon applications for admission, based upon admission to the bar in another State or foreign country. Every application to this court for admission to the bar shall be made in term time, by motion in open court, based upon a report of said Board of Law Examiners. Each examiner shall act as a member of such board for a term of three years, except under the first appointment, which shall be for a term of one year for one, two years for two and three years for the remaining two of said examiners, and until the appointment of their successors.

Examinations shall be conducted by written or printed interrogatories, in whole or in part, and be as nearly as possible uniform throughout the State; to be held at Chicago on the last Tuesday in February and the first Tuesday next succeeding the fourth day in July, and at Springfield the first Tuesday in October and the first Tuesday in December in each year. Such examinations shall be held by the examiners as a body, a majority of whom shall constitute a quorum.

Each applicant examined must sustain a satisfactory examination upon the law of real and personal property, personal rights, torts, contracts, evidence, common law and equity pleading, partnerships, bailments, negotiable instruments, principal and agent, principal and surety, domestic relations, wills, corporations, equity jurisprudence, conflict of laws, criminal law, and upon the principles of the constitutions of the State and of the United States, and legal ethics.

The board shall certify to this court every person who shall pass a satisfactory examination, provided such person shall have in other respects complied with the rules regulating the licensing of attorneys, which fact shall be determined by said board before the examination. If an applicant, on examination, should be rejected, he shall not again be admitted to an examination until at least one examination has intervened after such rejection, and shall file with the board proof that he has studied law during the intervening time subsequent to the prior examination.

Each applicant for admission to the bar, whether upon examination or admission in another State or foreign country, shall pay to said board, in advance, a fee of eight dollars, and shall present his affidavit, or that of some other reputable person for him, that he is of the age of twenty-one years or above, a resident of this State and a citizen of the United States, or has declared his intention of becoming a citizen thereof; also, a certified transcript of the record from a court of record of this State showing that he is a person of good moral character, which transcript shall show that at least two reputable members of the bar practicing in the court in which the record is made, and whose names shall be given, appeared before said court and testified that the applicant was a reputable person and of good moral character.

Preliminary education-Requirements for examination-Proof of study, how made. Every applicant, except those who apply for admission by virtue of admission in another State or foreign country, shall present to the Board of Law Examiners satisfactory proof, in writing, by examination or otherwise, as the board may direct, that he has had a preliminary general education, acquired prior to beginning the study of law, equivalent to that of a graduate of a four-year course high school in this State, and has, within six years next prior to applying for examination, pursued for the period of three years, during at least thirty-six weeks in each year, a course of law studies covering the subjects above enumerated, (naming the law books studied,) and that such law studies have been pursued in an established law school considered by the board to be in good standing, or under the personal tuition of one or more licensed lawyers, and that the applicant, if studying under. such tuition, has submitted to regular and satisfactory examina

tions by such lawyer or lawyers during said period upon each subject, not less than once each week during at least thirty-six weeks in each year. Such proof shall consist of the affidavit of the applicant and the certificate of the secretary or one of the professors of the law school showing personal attendance at such law school, or the affidavit or affidavits of the lawyer or lawyers under whose tuition such studies have been pursued, or if, in consequence of the death or absence of such lawyer or lawyers, his or their affidavit cannot be procured, its place may be supplied by the affidavit of any credible witness having knowledge of the facts. The course of study may be made up by attendance upon a law school for a portion of the time and under the direction and supervision of one or more lawyers for the remainder of the time. Persons who in good faith have before July 1, 1913, begun, but not yet completed, the study of law in compliance with former rules of this court concerning admission to the bar, shall be permitted to complete their requirements for examination or admission under the rules existing prior to the adoption of the present amendments, provided that such requirements are completed within six years from the time when they were begun, and that the periodical examination of students under the tuition of licensed lawyers shall, after July 1, 1913, be had and proved in accordance with the requirements of this rule.

The papers produced to the board of examiners in conformity with the foregoing rule shall not be deemed conclusive evidence of the facts therein stated, and if it shall come to the knowledge of said board that any person who has presented to said board such transcript, has imposed upon the court in which the record is made and is not, in fact, a person of good moral character, or that any certificate or affidavit is untrue, said board shall, after full investigation, certify their findings in that respect, together with the reasons therefor, to this court with their certificate of qualification. Any fraudulent act or representation by an applicant in connection with his application for examination or admission shall be sufficient cause for the withholding of the license by this court, or for its revocation after it has been issued.

Every applicant for admission to the bar upon a license or other voucher showing his admission as an attorney at law in another State or foreign country, must, in addition to the other proofs

above required, present to the board such license duly certified, or a copy of the record of the court showing his admission to the bar, duly proved, as required by law for the authentication of the records of courts of sister States when offered in evidence in the courts of this State. Such license or voucher must confer the right to practice in the highest courts in such State or foreign country. Such applicant shall be admitted upon such license or voucher without examination by the board, if it appears to the court, by certificate of said board, that in the State or country in which the license was issued the requirements for admission to the bar were equal to those prescribed in this State, or that the applicant has been engaged in active practice for a period of five years in courts of record under such license. The board shall certify to this court persons entitled to admission by virtue of such admission to the bar in such other State or foreign country.

Out of the fees received by the board of examiners they shall pay all necessary expenses for examinations, including necessary traveling expenses. The remainder of said fund in each year shall be divided equally among the examiners: Provided, however, that no examiner shall receive more than $750 per annum, and if, after the payment of such sum to each examiner, there shall remain a surplus, said surplus shall be paid over to the succeeding board of examiners, and shall constitute a part of the receipts of the next succeeding year. The board of examiners shall render an account of their receipts and disbursements to this court at the October term of each year.

PROCEEDINGS TO STRIKE ATTORNEY'S NAME FROM ROLL.

RULE 40. In case an application shall be made to strike the name of an attorney from the roll, there shall be filed an information making clear and specific charges, giving time, place and acts of misconduct with reasonable certainty, signed by the Attorney General, a State's attorney, the president and secretary of a regularly organized bar association, either incorporated or unincorporated, or any person aggrieved by the misconduct of the attorney charged. Where the information is signed by such aggrieved person he shall verify it by an affidavit, upon which perjury can be assigned, and such aggrieved person must be represented in the

proceeding so instituted by an attorney whose name then appears upon the roll of the attorneys of this court. When the information shall be deemed sufficient the court will enter a rule to show cause on a day named, and when the rule shall be answered, the court will prescribe the time of closing proofs by the respective parties, and the cause shall then stand for hearing.

REPORTING AND PUBLISHING DECISIONS.

RULE 41. As to the time and manner of publishing decisions the following rules shall be observed:

First-The reporter shall publish, in book form, all such opinions as are to be reported, which may be filed hereafter, within three months after the filing and recording of the same, except where more opinions of the court shall be filed at the same time than will comprise one volume of the Reports, in which event the reporter shall publish the first volume of such opinions within three months after the time of the filing and recording thereof, and the residue shall be published in volumes at the rate of one volume for every three months.

Second-In order to facilitate the publication of the opinions hereafter to be filed, as herein prescribed, it shall be the duty of the clerk of this court to transmit to the reporter, without delay, a copy of the printed abstracts, briefs and arguments in each case taken by the court.

Third-In cases where application for rehearing shall be made under the rules of the court, the reporter shall not publish the opinions therein until such application shall have been disposed of.

Fourth-Each volume of Reports hereafter to be published shall contain not less than seven hundred pages, and shall be of the same general character, typographically, as those heretofore published by the present reporter, subject to such changes as the court may, from time to time, specially direct. The paper upon which the Reports may be printed shall be clear, white paper, supersized and calendered, and of not less than 50lbs to the ream. The binding shall be of the best law-sheep, without blemish or patches, and the boards used in binding shall be good tar boards.

Fifth-The reporter shall prepare a proper and correct headnote or syllabus in each case, and may publish the briefs of coun

« AnteriorContinuar »