The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In several of the States having boards of State examiners no one
is admitted to the final examination before them who did not
prior to the beginning of his education receive one of the
degrees above indicated or else pass a special examination before
the same board on certain prescribed studies, corresponding
substantially with those ordinarily pursued in a high school.
Some proof is everywhere required that an applicant for admission
to the bar possesses a good moral character. It is necessarily
largely a matter of form. Certificates are sometimes required
from those familiar with his previous life, and sometimes the
mere motion for his admission by a member of the bar representing
the examining committee is accepted as sufficiently implying that
no unworthy person would be thus presented.
In a few States a distinction is made between attorneys with
reference to the courts in which they may practice. When first
admitted it is to the bar of the trial courts. Later, after a
few years of experience, they can be admitted on further
examination to practice also in the highest courts of the State.
This distinction reaches back, in New Jersey, to the colonial
era. Attorneys were there a different class from "counsellors,"
and, following the English practice, the style of "sergeant" was
also formerly bestowed on leaders at the bar. The last lawyer
bearing the title survived until nearly the middle of the
nineteenth century. In this State the Governor has always issued
the licenses or commissions to attorneys and solicitors in
chancery, but for more than a hundred and fifty years only on the
recommendation of the Supreme Court.[Footnote: _In re_
Branch, 70 N. J. Law Reports; 57 Atlantic Reporter, 431.]
The admission of attorneys in the several courts of the United
States is determined by rules which they respectively establish
from time to time. These rules make the only qualification
membership in regular standing for a certain period of time in
the bar of a State and good moral character.
There is no doubt that the United States have been in advance of
England both in providing means of legal education and in
requiring their use. The length of the course of study now
established at our older Law Schools--three years--seems all that
can reasonably be exacted, if a proper foundation of general
discipline and knowledge has been previously laid. The first
provision for one or more years of graduate study for those who
may desire it was made at Yale University in 1876, and a similar
opportunity has since been offered at several others; but it has
been availed of by few, and of these a considerable part had in
view the teaching of law as their ultimate vocation rather than
its practice.
Unquestionably the American bar is now, as a whole, a far better
trained class of men than it was twenty or thirty years ago, and
the efficiency of the courts has been correspondingly increased.
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