Robinson, Wm. Hedges, Jr.

English

University of Denver

Denver Law Review Volume 28 Issue 9 Article 9 June 2021 The Colorado Character Investigation of Applicants to the Bar Wm. Hedges Robinson Jr. Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Wm. Hedges Robinson, Jr., The Colorado Character Investigation of Applicants to the Bar, 28 Dicta 333 (1951). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. Sept., 1951THE COLORADO CHARACTER INVESTIGATIONOF APPLICANTS TO THE BARBy WM. HEDGES ROBINSON, JR.of the Denver Bar, Chairman of the Legal Educationand Admissions CommitteeWhat are adequate safeguards for the character investiga-tion of applicants to the bar, and does Colorado employ them?To answer this question, a determination must first be madeof the phrase "adequate safeguards." This determination hasbeen made for us in a report of the American Bar Association 1and the National Conference of Bar Examiners. The basic essen-tials of this system are 2:1. The work of character investigation should beassigned to separate committees in order to relieve thelaw examining board of this additional duty.2. Registration at the beginning of law studyshould be required of all students studying in the state,and the character examination, including a personal ap-pearance before the committee or a member, should beconducted at the time of registration, as well as beforethe bar examination.3. The candidates should be required to file a com-plete questionnaire and inquiries should be directed bythe committee to all his references and past businessconnections.4. Publication of the names of the candidatesshould be made.5. The application and questionnaire should befiled in sufficient time to permit a period of at least 90days for investigation before examination. At the sametime the character interview and investigation shouldbe completed and action taken by the time the exami-nation is held. It is important that the investigationshould be made before the examination, because it iseasier to reject a person of doubtful character beforethe examination than after.I.THE STUDENT APPLICANTBefore determining whether the Colorado procedure measuresup to these minimum standards, it should be pointed out thatthere are two different types of applicants, namely the student1 See 63 A.B.A. 176 (1938) where the proposals are set forth in full.218 The Bar Examiner 205 (1949).DICTASept., 1951and the attorney. The standards proposed in this first portionof this discussion are limited to the student applicant.1. The Separate Morals Committee. The rules of the Colo-rado Supreme Court provide 3:A character committee is hereby constituted con-sisting of five members of the bar, each of at least fiveyears' standing. The members of said committee shallbe appointed by the Supreme Court and hold office for aterm of five years and until the appointment of theirsuccessors. Said committee shall be known as 'The BarCommittee' and its duty shall be to pass upon the ethicaland moral qualities of all applicants for admission tothe bar.In this respect Colorado complies fully with the recommendationfor a separate committee to handle the law examination and thecharacter investigation.2. Registration and Examination of Law Students. Thereis no registration provided in the Colorado system for prospectivelaw students. The only official state registration occurs at thetime application is made to take the bar examination. Since theapplication may be filed as late as thirty days, and cannot be filedmore than sixty days prior to the examination 4 and there areover one hundred applicants per examination, the character studyof each candidate is perfunctory in Colorado. Under the Ruleslist of pospectivecnddte r sent to the Cler of the SuprmneCourt, the Clerk of the District Court in each County, and theSecretary of the Colorado Bar Association ten days after eachexamination.5 Few lawyers actually see these lists, and a sub-stantial majority of the lawyers do not realize the lists are avail-able. These lists are not published in any bar publication. TheColorado law schools of their own volition require applicationsto be filed by all candidates for admission. These applicationsrange from a perfunctory name and address sheet to a fairly de-tailed questionnaire. However, where the questionnaire form isused, the general college admissions board, and not the law school,sees and acts upon the application, the emphasis in this case beingupon educational requirements rather than moral standards.The registration system used in Colorado does not contem-plate any personal appearance before any examining committeeuntil the time of the bar examination itself., Consequently, themorals examination, crowded into a very limited period, at thelaw examination, is ineffective. Moreover, it would seem to be'Rule 201 R.C.P. Colo.Rule 203 R.C.P. Colo.5 Rule 218 R.C.P. Colo.'Rule 216 R.C.P. Colo. provides that the committee shall "personally inter-view" each applicant at the time of bar examination.DICTASept., 1951physically impossible to inquire into the ethics and morals ofapproximately 150 applicants in the time now allotted for thatpurpose. To each group that appears before the committee oneof the members delivers a lecture on ethics in an effort to impressthe applicants with the high standards of the Bar and wisdom ofabiding by these standards. The bar committee believes theselectures have been most effective. The present procedure is tocall the applicants into one of the rooms in the Capitol Buildingin groups of ten each. Certain general questions are asked of allof them and then each member of the Committee who has thefile before him interrogates two of the ten applicants. The exami-nation requires the entire day.Thus Colorado fails to meet this standard adequately. It doesnot have a registration of law students at the beginning of study.It does not conduct a character examination nor hold an interviewwith the student at the time of the application. It does not con-duct an examination of the applicant prior to the bar examination;it does hold a "personal interview" with the applicant as a partof the examination.3. The Questionnaire. There is a written application for thecandidate in Colorado. The questionnaire is not very extensive.It makes no serious attempt to evaluate and inspect the moralcharacter of the applicant. Its stress seems to be more on theeducational and residential requirements than on morals. Thecommittee seems to rely at present on the affidavits furnished bythe applicant. Little, if any, inquiry is made by the committeeof or about each applicant either prior to or at the time of theexamination unless almost by chance some danger signal is raisedconcerning the applicant.In this connection, the rules provide 7:Every applicant shall accompany his applicationwith an examination fee, which shall be $35.00 for appli-cants in classes A and B and $10.00 for applicants inclasses C and D, and shall attach thereto his own affidavitthat he is a citizen of the United States, that he believesin the form of government thereof and has never beendisloyal thereto, that he is over the age of 21 years (giv-ing his age), that he is a resident of Colorado (givinghis address), that he has never been convicted of afelony, and that if admitted it is his intention to beginthe practice of law within this state, or the teaching oflaw in an approved law school in Colorado, within threemonths from the date of his admission and to make thesame his permanent and usual occupation.Proof of such (moral and ethical) qualifications ofapplicants in classes C and D shall be by three affidavits;TRules 204 and 210, R.C.P. Colo.DICTASept., 1951one of an instructor in the law school attended by ap-plicant; one of a member of the bar in good standingknown personally to some member of the bar committee;and one of a person chosen by applicant.These character affidavits should not replace a personal ex-amination by the committee into the moral history and attitudeof the applicant; and particularly when the registration does notoccur until after the law examination.It should be obvious that a character investigation shouldbe conducted early. There have been recent instances where ap-plicants with criminal records have attended and graduated fromlaw schools in Colorado because no investigation was made of thestudent's past. Not only should it be the duty of the charactercommittee to require registration with it at the time of law schoolstudy, but admission to law school should be entirely controlledby the faculty of the law school under rules which require anextensive case history to be filed by the law student.84. Publication of Names of Candidates. Publication of thecandidates' names in a limited sense occurs in Colorado, chieflyby posting. But widespread publication of these names does notoccur. The Rule provides 9 that the clerks of the designatedcourts shall keep the list posted for thirty days, and "furnishthem to newspapers as may be requested."5. Time of Filing. As previously pointed out the applicationcan be filed as late as thirty days before the examination. This ismuch too short a period, particularly in the case of out of stateapplicants.As mentioned previously, the time interval is too short topermit any real investigation of the applicant. Of course, theargument can be made that due to the extreme length of timebetween the dates of the examination and the announcement ofthe grades, there is ample time for investigation. The argumentcan be made, but it overlooks two vices; first, no such examina-tion is adequately made, partly because of the affidavits of char-acter and partly because of a naive assumption that we all knoweach other in Colorado; and secondly there is such undue stresson the law examination that the feeling exists that a person whopasses the law examination with a good grade should be giventhe benefit of the doubt and admission refused only in the clearestcase of lack of character.6. Conclusion. We thus conclude that the safeguards erectedin Colorado for character investigation are inadequate. The sepa-rate character committee is highly commendable. It should, how-ever, be given investigative powers including the right to holdI Florida requires each applicant to be fingerprinted and these prints aresent to the F.B.I. for report; 18 Bar Exam. 171, 10/49.9 Rule 218 R.C.P. Colo.DICTASept., 1951hearings and subpoena witnesses; it should be furnished with anadequate expense account; and it should be allowed adequate timefor investigation and review of all applicants.The questionnaire should be revised and made more exten-sive, and should be filed by the applicant at least 90 days priorto the examination. Personal interviews with applicants shouldoccur prior to and not at the time of the bar examination.Registration should be required by the state committee ofall law students in the state. Publication of applicants' namesshould be made in at least one newspaper of statewide circulationat least four weeks prior to the bar examination, and also in Dicta.Colorado should adopt the practice now in effect in severalstates of calling upon the local bar association to investigate eachapplicant from its region; and no applicant from Colorado shouldbe permitted to qualify until he has been approved by the localassociation.II.THE ATTORNEY APPLICANT1. The Character Committee. While the character committeetheoretically functions the same with respect to the attorney asto the student applicant, the practice deviates from theory. Thesecretary of the committee is the investigating agent of the com-mittee. Obviously he has neither the resources, contacts or sourcesof information that are available to the National Conference ofBar Examiners. This comment is made without in any way re-flecting upon the capability and work done by the present secretary.But the fact remains that a specialist in this field such asthe National Conference is, cannot help but be better equippedand with wider contacts than a single state agency. Coloradoshould employ the Conference to make this investigation. If thefee required of attorney applicants is at present insufficient topay the charge of $50 per investigation, than it should be raisedto meet this cost. The Conference handles these investigationsfor thirty-six states, the District of Columbia, Hawaii and Guam,and these jurisdictions simply increased the cost to the applicantto permit this service. It might be mentioned that the fee foradmission on motion or by comity is as high as $250 in one ortwo states; and in many of them it is $75 to $100.We have been advised that in times past character investi-gations have not been required of certain applicants; or if madehave been made only to comply with the working of the rule andnot the spirit. No applicant, however estimable, should escape acharacter investigation. Generally the worst scoundrels can fur-nish the best affidavits.DICTASept., 19512. Registration of Applicant. The rules 10 divide attorney ap-plicants into four classes. They are:A. Those who, not then being citizens of Colorado,have been admitted outside of this state (by the highestcourt of the jurisdiction having such power) and havepracticed there eight years of the ten years immediatelypreceding application here, comprise class A.B. Those who, not then being citizens of Colorado,have been admitted outside this state (by the highestcourt of the jurisdiction having such power and underrequirements equal to ours) and have practiced therethree years of the five years immediately preceding ap-plication here, or taught for such period in an approvedlaw school, comprise class B.Class C. Those who have been admitted outsidethis state, but do not belong to either class A or class B,comprise class C.D. Residents of Colorado who have not been ad-mitted to any state, comprise class D.We may ignore class C, as these applicants are treated for allpractical purposes, as students.The application requires the attorney applicant to state hisloyalty to the government and lack of conviction of a felony (Rule204, R. C. P.) just as is required of student applicants. There isno provision made for fingerprinting although three states n Vrequire it upon registration. There is no specific time for filing,and no time requirement upon the committee with respect to actionupon these applications. "Personal interviews" of each applicantare required under Ruly 216 by a member of the committee.3. The Questionnaire. The registration forms inadequatelystress moral and ethical considerations and do not provide forfingerprinting. Accompanying these forms is an affidavit concern-ing length and place of residence and practice, and the facts con-cerning any "disbarment" proceeding "instituted" against appli-cant." Also "proof of the moral and ethical qualifications of appli-cant in classes A and B shall be made by three affidavits"-oneby a member from the bar of the community where the applicantlast practised, one by a business man there, and one by a memberof the bar personally known to a member of the character com-mittee.4. Publication. No publication or posting of the applicant'sname is made. Almost without exception, admission of the attor-ney is made without notice to anyone except members of the char-acter committee.1o Rule 202 R.C.P. Colo.11 Rule 205 R.C.P. Colo.DICTASept., 19515. Investigation of Applicant. The present method of inves-tigation in Colorado of attorney applicants has been previouslydiscussed. Affidavits are a grossly inadequate substitution for athorough investigation.6. Conclusion. Colorado adheres only sketchily to adequatesafeguards with respect to attorney applicants. It provides inade-quate character investigation and registration. It makes no pre-tense of publicity concerning applicants in this class. It does notuse the facilities of the National Conference of Bar Examiners.IF NOT THE STATE BAR EXAMINATION-WHAT?By GORDON JOHNSTONof the Denver Bar; Dean of the College of Law,University of DenverIt is fairly open to question whether we in Colorado haveyet evolved the best of all possible methods of determining whoshall be admitted to the sometimes dubious privilege of practicinglaw in our colorful confines. We have I am sure done very well;it is certainly not the purpose of this paper to suggest any graveshortcomings in our present rules and procedures concerning ad-missions. The legal education and admissions committee of theState Bar Association which is responsible for this issue of Dictahas directed me to report upon Drocedures for admitting bar ap-plicants, different from those now in effect in Colorado, that havebeen proposed and may merit study.THE DIPLOMA PRIVILEGEThe unpleasant task of weeding out the unfit among thosewho, for reasons good or entirely perverse, desire to be lawyers,has never rested solely upon the collectively broad shoulders ofthe bar examiners. We teachers in the law schools catch it first.The dean is the meanest man of all, for he must in the first in-stance decide who shall be admitted to the study of law and uponwhom the door shall be closed-closed with as gentle a bang aspossible, for the sake of public relations, but closed nonethelessfirmly. The process of student selection has been bettered in recenttimes, though it is no more uniform in our Colorado schools thanin law schools throughout the nation. In general, an applicantmust now have a pre-legal scholastic average above that whichsuffices for a baccalaureate degree; he must face the discourage-ment of a personal interview with a dean who, pleasant fellowthough he may be at home, adopts a chilling "show me" attitudetoward the intending registrant; he is urged to take an aptitudeDICTA

The Colorado Character Investigation of Applicants to the Bar

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The Colorado Character Investigation of Applicants to the Bar

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