riage relation and perhaps other formal allegations which would occur to those drafting such a bill. I refer also to Chapter 62 of the 1925 Session Laws providing for probate procedure in the case of what is called non-intervention wills. The bill as passed, it appears to me, is likely to be fruitful of litigation and productive of defective titles. I most respectfully suggest that the bar association could render valuable assistance in criticising and formulating such measures. I have aimed in this address to be suggestive only. The matters I have touched upon should interest all the members of the bar of the state. I trust that other matters of greater importance and interest may be suggested and called up for discussion at this meeting of the association." A letter from Oscar W. Worthwine, Commander of the American Legion, Department of Idaho, was read as follows: "The Idaho Department of the American Legion takes pleasure in sending greetings to the Idaho State Bar in convention assembled at Lewiston, Idaho. "Many of the ideals and purposes of the two organizations are identical; and the Legion is not unmindful of the great service rendered during the war by your members in connection with the various war-time agencies, particularly in the selective draft; nor have we forgotten the many services rendered without thought of compensation by you to our comrades since the war. We wish you God speed in the great work of Americanization you have undertaken; in this we pledge you our heartiest cooperation. "Feeling confident that your deliberations will be guided by the high ideals of patriotism and service which furnished the foundation of your great profession, and assuring you of our good wishes and high regard, we are very sincerely, "AMERICAN LEGION. "Department of Idaho, Oscar Worthwine, Commander." The chairman called upon the Secretary, Sam S. Griffin, of Boise, to make his annual report. REPORT OF SECRETARY The Idaho State Bar and its Board of Commissioners were organized pursuant to an Act of the Legislature passed at the 1923 Session (Chapter 212, 1923 Session Laws) presented to that body by a committee appointed at a general meeting of the Idaho State Bar Association. The Idaho State Bar Association had considered the matter at two general meetings, the first held in 1921 at Boise, when a committee, previously appointed, reported on the necessity and desirability of such an act, and approved in general the so-called Goodwin Act, which had, after several years of study and reports to the American Bar Association, been formulated and recommended by a committee of the latter association headed by Mr. Goodwin. Pursuant to the Act the Clerk of the Supreme Court appointed Karl Paine and Sam S. Griffin, members of the Boise Bar, to assist in conducting an election for commissioners; notices calling for nominations were sent to the Bar, and thereafter ballots prepared and sent to the Bar. Upon canvass of the vote, John C. Rice of Caldwell, Idaho, was elected commissioner for the Western Division, N. D. Jackson of St. Anthony, Idaho, for the Eastern Division, and Robert D. Leeper, of Lewiston, Idaho, for the Northern Division. The Board met and organized August 7, 1923, at Boise, all commissioners present. They drew lots for length of terms, resulting in a term of one year for Rice, two years for Jackson and three years for Leeper. Rice was elected president, Jackson vice president, and Sam S. Griffin, secretary. At the first meeting discussion was had of rules to be formulated for admission, ethics, discipline and general rules, and the work of drafting such rules apportioned. Regular dates for meeting of the Commission were fixed for the first Mondays of March, June, September and December, the place to be designated by the president. Discussion was also had of disciplinary matters then pending before the voluntary Idaho State Bar Association, the chairman of the State Grievance committee reporting thereon. Prior to the meeting of the Board the State Auditor had announced that he did not consider that the act carried an appropriation. Question had also been raised as to the constitutionality of the act. It was considered advisable to have the matter passed upon, and to do so Commissioner Jackson presented his claim against the state for expenses in attending the Board meeting. This claim being refused by the auditor, original application was made to the Supreme Court for Writ of Mandate, Frank Wyman, B. W. Oppenheim and Sam S. Griffin of Boise, and H. B. Thompson of Pocatello, representing Mr. Jackson, the Attorney General representing the Auditor, and briefs being filed by Mr. Goodwin, chairman of the American Bar Association committee, as amicus curiae; all constitutional matters were thoroughly briefed and argued and submitted December 10, 1923; decision was rendered July 3, 1924, three judges holding that there was no appropriation, two holding there was; two holding the act unconstitutional, two holding it constitutional, and one expressing no opinion on constitutionality (Jackson v. Gallet, 39 Idaho 382, 228 Pac. 1068). Petition for rehearing was filed but denied, the original opinion, however, being somewhat modified, and as modified appearing in the official report. Final determination of the case was not until early September, 1924. Pending the litigation the Board was not, of course, in a position to go forward, although correspondence and routine matters in the secretary's office were attended to in considerable volume. The Court during this period and until June, 1925, conducted examinations for admission. The Board again met at Boise November 24th, 1924, and formulated tentative rules for presentation to the Supreme Court, the Board, of course, not being in a position to act under the statute until rules were approved by that body. Discussion was also had of the necessity and desirability of amendment of the statute to eliminate inconsistencies, provide an appropriation, clarify provisions, and obviate objections raised in the litigation above mentioned. Amendments to the organization act were presented to the legislature and passed at the 1925 session (Chapters 89, 90, 1925 Session Laws.) Thereafter the Board again met, April 6, 7 and 8, 1925, at Boise. Meantime there had been gathered together rules of conduct, admission and discipline from practically all the higher courts and bar associations of the United States. Alabama had organized under a similar act, and its commission had formulated rules; North Dakota had a somewhat similar act. A great number of other states were, and are, considering such legislation. The Board determined that under the act the general meeting of the Bar should be held at Lewiston, September 3, 4 and 5 of this year; that the terms of Rice and Jackson expired this year, and provisions were made for elections for successors by the Bar of their divisions; arrangements were made for meetings in the Western and Eastern Divisions, which meetings were held at Boise, June 26, 1924, and at Pocatello, August 24, 1925; approval of admissions permitted by the Supreme Court pending adoption of rules was given so that no one might question such admissions; the properties of the Idaho State Bar Association tendered to the Idaho State Bar by the former at its meeting in 1923, were accepted; provision was made for notice to all attorneys who had not paid 1923 and 1924 license fees so that ample opportunity would be given them to comply with the law before the Board would be required to take action thereon. Rules were again considered and drafted in final form, and presented to the Supreme Court for approval. After approval, on April 27, 1925, they were published and copies sent to all known practicing attorneys in the state. They have been effective since April 27, 1925, and have governed, and now govern, admissions, conduct, discipline and general matters. There had been filed, and were pending, at this time fifty complaints against attorneys in this state; most of them were not verified. The complaints were, as required by the rules, apportioned to the commissioner in whose division the accused resided, for preliminary investigation and report. Arrangements were made for an examination for admission to be held at Lewiston June 2, 1925, the work of formulating questions being apportioned among the commissioners. Forms for disciplinary proceedings, admissions and notices of meetings were drafted and provision was made for the necessary files, stationery, forms, etc., of the secretary's office. The Board again met June 1, 1925, at Lewiston. The applications of twelve persons for admission by examination were examined; in some cases personal interviews were had. Certificates permitting examination were issued and on June 2, 1925, under the direction of the Examining committee, consisting of Noel B. Martin, Lewiston, and Walter H. Hanson, Wallace, examination was conducted. Grading of papers was by each of the members of the Examining Committee and each of the commissioners present, and the secretary, separately. As a result the board recommended the admission of four, the rejection of eight, which recommendation was concurred in by the Supreme Court. The Board members reported on complaints which previously had been submitted; many complainants, although notified of the requirements of the rules, had failed or refused to verify complaints. These were, therefore, dismissed. Other complaints were dismissed as involving matters purely the subject of contractual relations and properly the subject of civil proceedings. Some were retained for further consideration. It has been usual in making preliminary and informal investigation to give opportunity to the accused attorney to submit, if he so desires, a statement respecting the matter complained of. Two of these were against persons not attorneys and over whom the There have been fourteen verified complaints filed with the Board. Board had no jurisdiction; two involved dispute over contractual relations; these four have been dismissed. Seven will be the subject of preliminary report of investigation at the meeting of the Board September 3rd; in one prosecuting committee has filed charges before a disciplinary committee and service is now being made; in two a prosecuting committee will report to the Board at this meeting. A prosecuting committee appointed on the Board's own motion has investigated and will report at this meeting as to whether formal complaint should be filed and proceedings taken for disbarment. Through the secretary's office most of the correspondence and detail is handled. There has been set up a visible card index system, through which can be ascertained the record of practicing attorneys. Some data is not complete as yet, but the cards are designed to show the history of admission to practice in this state, admissions in other states, schools, birthplace and date, naturalization, previous addresses, public offices, Bar Committee appointments, military service, license payments, history of disciplinary proceedings. By means of color signals, all attorneys in any county or division can be located, and the condition of payment of annual licenses. This file also contains a transfer section for removals and deaths; a list of applicants whose applications are pending; those rejected; local disbarments and suspensions; and a list of disbarments and suspensions; and a list of disbarments in every state in the United States, this data being supplied through the clearing house of the American Bar Association. Forms include applications for admission by examination on certificate; certificates of rejection; certificates permitting examinations; recommendation to the Court; reference to prosecuting committees and to disciplinary committees; citations; subpoenas; notices of hearings; notices of delinquent license fees; register of complaints. Files are kept for correspondence with each commissioner, members, committees, American Bar Association and Journal; State Treasurer, Claims, information to applicants, etc., for separate applications and complaints, requisitions, claims pending, claims filed, elections, meetings, etc. The Board itself handles no funds except a small revolving fund. The secretary is under bond covering this. All license fees are payable on or before July 1st of each year to the State Treasurer who issues in triplicate a combination receipt and license, retaining one and sending two to the secretary. If the payee is admitted, and not disbarred or suspended, the secretary executes the license, retains one copy and mails the other to the attorney. Every effort has been made to give every opportunity to active practitioners to prevent delinquency. Every official notice sent gives notice of time and amount of payment. For 1923 and 1924 special notices have been sent-three to delinquents; for 1925 one special notice, notice of division meetings, this meeting and ballots carried a notice respecting license fees. Delinquency automatically cancels membership in the Idaho State Bar and right to practice while delinquent. The present list of the secretary shows active in this state When listing was commenced it was found that there was no accurate list of active practicing attorneys; a combination of the Supreme Court's list and the Idaho State Bar Association's list was used, and inquiry made of each county through the Clerks of District Courts. These were checked with license payments; the list started with over 800 names and has been cut down by subsequent information. A recheck will be made this fall as delinquencies for several years in some instances apparently indicate removal or death, while it is thought some foreign attorneys practicing in Idaho are not on the list and fail to pay the license fee. 1923 (1924, 1925 paid) 1924 (1923, 1925 paid). 1925 (1923, 1924 paid), 1923, 1924 (1925 paid) 1923, 1925 (1924 paid) 1924, 1925 (1923 paid). 1923, 1924, 1925.. 1923 1924 DELINQUENTS 4 11 106 (possibly some inactive, removed or dead.) 9 10 (possibly some inactive, removed or dead.) 34 (possibly some inactive, removed or dead.) 26 (possibly some inactive, removed or dead.) 200 delinquencies out of a possible 1887. Stated another way, there are delinquencies in 49 alone and in combination with other years, 80 alone and in combination with other years, 1925-176 alone and in combination with other years. The net membership of the Idaho State Bar on this date (August 28th) is therefore 453, because delinquents for 1925 are not, under the law, members. It may be said that back and current payments are coming in at the rate of from ten to twenty a week, and many of the foregoing will shortly be eliminated. Up to August 28th, 1925, there had been reported to the State Auditor total three-year payments of $7,590.00, disbursements of $2,378.87, balance in the appropriation on August 28, 1925, $5,202.13. Expenditures covering expenses of the Commission and Bar from August 7, 1923, to August 28, 1925. Travel expense of Commissioners and Secretary.. Stenographer Printing, forms and notices, stationery, index cards. 284.49 1,150.00 124.76 474.70 |