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Mark B. Aronson and Kenneth W. Behrend, on Behalf Ofthemselves and All Others Similarly Situated, Appellants, v. Daniel W. Ambrose, Chairman of the District Court of Thevirgin Islands Committee of Bar Examiners, et al
United States Court of Appeals, Third Circuit. - 479 F.2d 75
Argued Feb. 1, 1973.Decided May 22, 1973
Mark B. Aronson, Behrend & Aronson, Pittsburgh, Pa., for appellants.
Vincent A. Gamal, Gamal & Rosskopf, Christiansted, St. Croix, V. I., for appellees.
Before MARIS, ROSENN and HUNTER, Circuit Judges.
MARIS, Circuit Judge.
This case involves the question of the constitutional validity of Rule 56(b)(5) of the Rules of the District Court of the Virgin Islands which requires an applicant for admission to the Virgin Islands bar to allege and prove that if admitted he intends to reside in and to practice law in the Virgin Islands. The validity of Rule 56(b)(4) which requires at least one year's residence before admission to the Virgin Islands bar and of Rule 56(d) which requires applicants for admission of the Virgin Islands bar to take a written examination, are also attacked. The pertinent provisions of Rule 56 are set out in the margin.1
* * *
"Rule 56. Admission to the Bar
(b) Each applicant for examination under the preceding section must file an application with the Committee of Bar Examiners at least sixty days prior to the date prescribed for annual examination as above, in which he must allege and prove to the satisfaction of the Committee that:
(4) He shall have resided in the Virgin Islands for at least one year immediately preceding his proposed admission to the Virgin Islands Bar; and
(5) If admitted to practice, he intends to continue to reside in and to practice law in the Virgin Islands;
(d) All applicants for admission to the Virgin Islands Bar shall take the written bar examination as prescribed in paragraph (a) of this rule, as amended, and shall be eligible for admission, being otherwise qualified, upon the successful completion of the said examination." 5 V.I.C. App. V.
The suit was instituted under the Civil Rights Act, 42 U.S.C. Sec. 1983, and the plaintiffs requested a hearing before a three-judge court pursuant to 28 U.S.C. Sec. 2281. However, that section does not authorize the convening of a three-judge court in the District Court of the Virgin Islands, since it is a territorial court and not a United States district court as defined in 28 U.S.C. Sec. 451. Stainback v. Mo Hock Ke Lok Po, 1949, 336 U.S. 368, 69 S.Ct. 606, 93 L.Ed. 741. Accordingly, the case was tried by one judge in the district court
The constitutional rights to due process of law and to equal protection of the laws have been extended to the Virgin Islands by Section 3 of the Revised Organic Act, 48 U.S.C.A. Sec. 1561.
See Am.Jur.2d Desk Book, Document No. 93
We merely note, with respect to Rule 56 (b)(4), that the courts are divided as to the constitutional validity of pre-admission residence requirements. Compare Keenan v. Board of Law Examiners of the State of North Carolina, D.C.N.C.1970, 317 F.Supp. 1350; Webster v. Wofford, D.C.Ga.1970, 321 F.Supp. 1259; Lipman v. Van Zant, D.C.Miss.1971, 329 F.Supp. 391; and Potts v. Honorable Justices of the Supreme Court of Hawaii, D.C. Hawaii 1971, 332 F.Supp. 1392; with Suffling v. Boudurant, D.C.N.M.1972, 339 F.Supp. 257