Preview:

06/12/02 "See News Release 050 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NO. 01-OB-2776 IN RE: STEPHEN I. SINGER

ON APPLICATION FOR ADMISSION TO THE BAR

PER CURIAM
This matter arises from a petition by Stephen I. Singer for admission to the Louisiana bar. For the reasons that follow, we will conditionally admit petitioner to the practice of law in this state, subject to a probationary period of one year.

UNDERLYING FACTS In the spring of 1999, petitioner moved from Colorado to Louisiana. In August 1999, petitioner, who was admitted to practice law in various jurisdictions but not in Louisiana,1 accepted a two-year commitment to work with the Louisiana Crisis Assistance Center ("LCAC"), a non-profit organization that represents indigent persons facing the death penalty. At the time he accepted the offer, petitioner felt it was unclear whether he would remain in Louisiana.2 Nonetheless, the record reflects that petitioner subsequently obtained a Louisiana driver's license, registered to vote in Louisiana, and purchased immovable property in the city of New Orleans. After associating with the LCAC, petitioner did not immediately apply to sit for the Louisiana bar examination. Instead, between August 1999 and August 2000,

Petitioner is presently an active member in good standing of the bar of the District of Columbia, and an inactive member of the bars of the States of Pennsylvania, Wyoming, and Colorado. Petitioner's decision to relocate to Louisiana was based on his wife's acceptance of a position as an associate professor at Tulane Law School. Because she held this position on a one-year, renewable contract basis, petitioner contends he believed his future in Louisiana was somewhat uncertain.
2

1

petitioner enrolled pro hac vice in eight cases in five different parishes.3 On one occasion, a district court which had previously admitted petitioner on a pro hac vice basis disqualified him from further representation, stating that petitioner "has clearly been engaged in the unauthorized practice of law" because he "is not licensed to practice law in Louisiana and yet has been engaged in the practice of law for the past several years on a number [of] cases within the State of Louisiana."4 Subsequently, petitioner applied to take the Louisiana bar examination.5 Based on concerns over petitioner's pro hac vice appearances, the Committee on Bar Admissions ("Committee") declined to certify petitioner for admission. Upon petitioner's application, we appointed a commissioner to take evidence and report to this court whether petitioner has the appropriate character and fitness to be admitted to the bar and allowed to practice law in the State of Louisiana. At the commissioner's hearing, petitioner testified on his own behalf, called witnesses, and introduced evidence. At the conclusion of petitioner's case, the Committee informed the commissioner that because the law on the propriety of petitioner's pro hac vice appearances is unsettled, it would withdraw its opposition to petitioner's application for admission. Based on the Committee's withdrawal of its objection, the commissioner recommended to this court that petitioner be admitted to the practice of law.

Six of the cases were capital cases, three pending in Orleans Parish and one each pending in Tangipahoa, Calcasieu, and St. John the Baptist Parishes. The two non-capital cases were pending in Jefferson and Orleans Parishes. Ultimately, the defendant retained private counsel, and the issue of petitioner's disqualification became moot. See State v. Landry, 01-1223, 01-1641 (La. 6/29/01), 791 So. 2d 630. Petitioner first applied to take the July 2000 exam. However, he did not take the July exam because one of the capital cases in which he was enrolled pro hac vice was scheduled for trial at the same time. Petitioner therefore requested that he be permitted to sit for the February 2001 exam. Petitioner took the February exam and conditionally failed it; he then passed the exam in July 2001. 2
5 4

3

The sole issue presented for our consideration is whether petitioner has demonstrated the requisite good moral character to be admitted to the practice of law in Louisiana.

DISCUSSION The court has the exclusive and plenary power to define and regulate all facets of the practice of law, including the admission of attorneys to the bar. Bester v. Louisiana Supreme Court Comm. on Bar Admissions, 00-1360 (La. 2/21/01), 779 So. 2d 715. One of the requirements for admission to the bar set forth in Supreme Court Rule XVII,

Download 2001-OB-2776 IN RE: STEPHEN I. SINGER.pdf

Louisiana Law