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Unformatted text preview: CASES I. Exam, Education, Age, Citizenship, Residency, and In-State Office Requirements; Pro hac Vice Admission A. in re Griffiths (p. 605) SCOTUS—Citizenship requirements 1. Holding : Under the EP clause a resident alien (green card holder) with a legitimate right to be in the US cannot be denied entry to the bar. However, legal residents who are not citizens are a suspect class under the EP clause, so we apply strict scrutiny to any rules that limit their rights. 2. Does not apply to: a. People on a student visa b. Illegal aliens c. Citizens of another country who have no resident alien status B. Sup. Ct. of Vermont v. Piper (p. 605) SCOTUS—Residency requirements 1. Holding : Practicing law is a fundamental right under the *P & I clause, so states cannot discriminate against nonresidents unless the discrimination is narrowly tailored to a legitimate purpose . This is huge b/c it allows anyone to take bar of any other state, like if want to practice securities law, best to be member of NY bar. C. Facially discriminatory discrimination . Post- Piper cases (Note #2, CB p. 606): 1. Barnard v. Thornston : a. Facts : The Virgin Islands required residency (facially discriminatory, violated the P and I clause) to deter seasonal lawyers and justified it by saying that it couldn’t afford to keep track of lawyers on the mainland; b. Holding ; SC said that a complete bar to nonresidents was unconstitutional b/c not narrowly tailored —Virgin Islands could charge nonresidents more to be a member of the bar if related to extra administrative cost—right now, this seems like the only constitutional way to discriminate against nonresidents. Cannot be a punishment just for administrative costs. 2. Sup. Ct. of VA v. Friedman a. Facts : VA said that residents who went to a VA law school didn’t have to take the bar exam, but that non-residents did (facially discriminatory b/c still makes a residency distinction) and justified by saying they’re likely to know VA law; SC said this was unconstitutional under P & I b/c UVA didn’t offer any VA law courses. 3. Frazier v. Heebe. (Note #1, CB p. 606): a. Facts: Same case as Piper but in the federal system. Used same justifications as Piper , but required residency or an in-state office. b. Holding: SCOTUS using their supervisory power over lower courts invalidated the residency and in state requirement. D. Other Cases 1. Ranta a. Facts : The physical place where the work is done is important (like in Ranta , the court gave P the fees for work done in his home state but denied recovery for work done in other states). The internet will probably break these rules; the Ranta decision doesn’t really make sense in an internet world b. Holding : Non-litigation practice there is no PHV analog, so practicing in another state is not allowed 2. Leis v. Flynt (OH) (not in book) a. Facts : Ohio criminal prosecution. His out of state lawyers show up and make a mistake--they don't apply pro hac vice right away. The lawyers are denied the right to argue. He has basically no right of apply pro hac vice right away....
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This note was uploaded on 08/28/2008 for the course F 385 taught by Professor Dzienkowski during the Summer '08 term at University of Texas at Austin.
- Summer '08