Opinion

In Re Edwards

  • 45 Idaho 676
  • 266 P. 665
  • 1928 Ida. LEXIS 31
Court
Idaho Supreme Court
Filed
Mar 3, 1928
Status
Published
Author
Budge
On the bench
Budge, Lee, Givens, Taylor
Cited by
45 cases

striking down portions of a statute that conferred judicial powers upon the board of commissioners of the Idaho State Bar and reserving to the Supreme Court the province of regulation of the practice of law, other than administerial tasks, through prescribing qualifications to those seeking admission to the practice of law.

How later courts described this case

  • striking down portions of a statute that conferred judicial powers upon the board of commissioners of the Idaho State Bar and reserving to the Supreme Court the province of regulation of the practice of law, other than administerial tasks, through prescribing qualifications to those seeking admission to the practice of law.
  • Supreme Court has inherent power to adopt rules and regulations prescribing the qualifications of persons seeking to practice in state and to ultimately determine whether they shall be admitted; power also includes suspension or disbarment of attorneys upon sufficient cause; jurisdiction to undertake these functions does not depend upon statutory enactments

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING.

BUDGE, J.

Upon further consideration, it seems proper ’that these proceedings should not be dismissed, except as to ¡the matter contained in the formal charges of conspiracy and disclosing secrets of his client without the latter’s knowledge or consent, as to which matters the proceedings are dismissed. The cause is hereby remanded to permit a formal charge to be preferred, and an opportunity given to ¡petitioner to plead thereto. We see no reason why evidence already taken, material to such formal charge to be filed, should be retaken. Counsel upon either side may submit such further evidence supplemental to the record already taken, as they see fit, and the commission make its findings and conclusions in conformity therewith.

The petition is denied.

Givens, Taylor and T. Bailey Lee, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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