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Journal 13,3 THE NORTH CAROLINA STATE BAR FALL JOURNAL2008 The Long Road to Founding the North Carolina State Bar B Y J OHN B. MC M ILLAN he first efforts to organize the lawyers of North Carolina occurred in the 1880s, but that effort failed to take root. Then on the evening of February10,T 1899, a group of more than 65 lawyers from across the state met in the Supreme Court chambers in Raleigh and gave birth to what is now the North Carolina Bar Association.1 The early 1900s marked the beginning of In 1921, North Carolina Bar Dave Cutler/Images.com landmark changes in the legal profession Association President Thomas W. across the country. Initiatives included the Davis called on the lawyers of the state to cre- ther the Supreme Court nor the legislature establishment of standards of legal ethics (in ate a mandatory bar. "Davis envisioned a responded. The Bar Association's Committee 1908 the American Bar Association adopted state bar organization—to which all practic- on Legal Education and Admission to the Bar its "Canons of Legal Ethics"), formulation of ing attorneys would belong—as a means to suggested that each applicant to the bar at requirements for admission to the bar, and regulate legal education; to control the licens- least have a high school education or its tackling the issue of the discipline and disbar- ing and disbarment of attorneys; and to ele- equivalent. "The Court failed to respond to ment of lawyers. In those days the courts of vate the reputation of the profession in the this suggestion, just as it had failed to respond the various states controlled the admission of public mind."3 to Dean Gulley's proposals in 1910. In 1925, lawyers and their discipline and disbarment. The 1920s saw the creation of unified the annual meeting heard again the familiar But there were calls for the lawyers of the bars by the legislatures in North Dakota complaint that neither the legislature nor the states to become more involved in the regula- (1921), Alabama (1923), Idaho (1923), and Supreme Court had acted and that North tion of the profession. California (1927). The courts created Carolina still had no educational prerequisite "By 1918, both the American Bar mandatory unified bars in Nevada (1928) for admission to the bar. Only in 1926 did Association and the American Judicature and Oklahoma (1929). Bar leaders in North the Supreme Court confirm the necessity of Society had formulated and published a Carolina were pressing for the establishment evidence of good character in order to obtain model statute for bar unification."2 of standards for admission to the bar, but nei- a license to practice law."4 10 FALL 2008 On July 1, 1926, at the 28th Annual man of the Committee on Incorporating the not.13 The honorary membership issue also Meeting of the North Carolina Bar Bar after the 1927 Annual Meeting; H.G. involved which judges should be included as Association in Wrightsville Beach, Hon. Conner Jr. and G.V. Cowper continued as honorary members. It was decided that hon- Thomas W. Davis of Wilmington introduced members. W.M. Hendren (Winston-Salem) orary membership would be extended to (a) a resolution calling for the formation of a and L.R. Varser (Lumberton) replaced H.M. the chief justice and associate justices of the committee on incorporating the bar. Mr. Ratcliff and T.J. Gold. There was no action Supreme Court; (b) the judges of the superi- Davis was one of three delegates from the taken on this subject at the annual meetings or courts of North Carolina; (c) all former North Carolina Bar Association to the ABA of the North Carolina Bar Association in judges of the above named courts resident in and had attended a meeting of the ABA in 1928, 1929, or 1930. Then, in 1931, at the North Carolina but not engaged in the prac- Washington at which this issue was discussed. annual meeting in Chapel Hill, the associa- tice of law; (d) judges of the district courts of Mr. Davis pointed out that a similar com- tion passed a resolution authorizing the the United States and of the circuit court of mittee was appointed in 1920, but it never Committee on Incorporating the Bar to draw appeals resident in North Carolina.14 met. The motion carried and the president and submit for consideration an act to be There was a dispute as to whether exami- appointed the committee: I.M. Bailey, chair- submitted to the General Assembly that nations would be required of all applicants. man, Raleigh; H.M. Ratcliff, Winston- embodied the principles the committee advo- J.W. Pless Jr. of Marion wanted all graduates Salem; H.G. Conner Jr., Wilson; T.J. Gold, cated. The committee appointed by the pres- of accredited law schools within North High Point; and G.V. Cowper, Kinston.5 ident was I.M. Bailey, chairman, L.R. Varser, Carolina that were members of or approved The Committee on Incorporating the Bar and Kemp D. Battle (Rocky Mount). That by the American Association of Law Schools reported to the North Carolina Bar committee reported to the annual meeting in to be admitted without examination. A.B. Association at the annual meeting held in Asheville in 1932. Andrews of Raleigh argued against that Pinehurst in May 1927 that: "In the opinion As of the time of the annual meeting of proposition. He pointed out that ten years of your committee, there is no subject now the Bar Association in Asheville in 1932, two earlier the ABA had adopted a standard that facing the bar of the different states or the additional states had adopted the incorpora- graduates of law schools should be required entire bar of the country more important tion of the bar—South Dakota (1931) and to pass an examination just like everyone else. than this, for it seems to embody the practi- Mississippi (1932). The bars in 20 other Lawrence Wakefield of Lenoir also argued cal solution of the problem of raising the dig- states had approved resolutions to seek leg- vigorously against that proposed amendment nity and power of the profession to the stan- islative approval in those states. and it failed.15 dard to which so many aim."6 "The question A great deal of the material used in prepar- J. Elmer Long of Durham moved that the of bar organization, referred to this commit- ing the proposed legislation came from the bill be referred to a committee of five to have tee for consideration, looks to the unification American Bar Association, and the bill as pre- the power and authority to discuss it with the of the bar of this state into a body, which shall sented was modeled "somewhat after the act next General Assembly but without a recom- include all who practice law, to act as an proposed and approved by the Virginia Bar mendation of the Bar Association. J.W. Pless agency of the state for the purpose of regulat- Association."11 (Despite the fact that the Jr. of Asheville pointed out that, "We don't ing admission, discipline, and disbarment."7 Virginia Bar Association approved proposed know what success we will have with the leg- The committee reported that an incorporat- incorporation legislation before North islature. We never have had much."16 ed bar would enjoy "...broader and more Carolina, the Virginia legislature did not pass However, he then made a substitute motion powerful influence, a greater inherent the bill until 1938.) The draft North "that this Bar Association approves this bill as democracy, the raising of ethical standards, Carolina bill provided that the North amended."17 Kemp Battle attempted to table and improved status and dignity of the bar as Carolina State Bar would be an agency of the the bill but was ruled out of order. He argued a recognized state agency (and) increased state and would be governed by a council that the bar should be virtually unanimously continuity in organization and purpose—a made up of one councilor from each judicial in favor of the bill before it was presented to power which cannot be attained by selective district of the state (20 at that time); rules, the legislature and predicted that it would not associations."8 Although there were oppo- regulations, and bylaws would be approved fare well.18 Mr. Parker predicted that if the nents of the concept of incorporating the bar, by the Supreme Court; and questions of bill were to become law, "it is good-bye to a resolution was passed to allow the commit- admission would be addressed by a Board of your Bar Association."19 The substitute tee to continue its work and report to the Law Examiners. One issue that provoked motion to endorse the bill and present it to next annual meeting with a draft bill, provid- heated discussion was whether the deans of the General Assembly passed 46-30.20 The ed the association did not commit itself in the law schools would be members of the following day Julius Smith moved that the any way to the idea.9 Judge J. Crawford Biggs Board of Law Examiners. It was decided that incoming president appoint a special steering of Raleigh commented that he had been at they should not and that the board would be committee of five to cause the bill to incor- the conference in Washington and "...heard it composed of one member of the Supreme porate the bar to be introduced in the legisla- discussed at great length for many hours by Court and six members of the bar elected by ture.21 That motion was seconded and car- leaders of the American Bar, and they over- the council.12 ried.
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