IN RE: THE PETITION OF G. HENRY ANDREWS, ATTORNEY-AT-LAW, OF THE CITY OF MONROVIA, COUNTY OF MONTSERRADO, REPUBLIC OF LIBERIA, PRAYING FOR DISPENSATION FOR ADMISSION TO PRACTICE LAW BEFORE THE HONOURABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA.

PETITION FOR DISPENSATION FOR ADMISSION TO THE SUPREME COURT BAR.

Heard: July 10, 1997. Decided: July 22, 1997.

1. Candidates for admission to the legal bar as attorneys-at-law must have successfully completed a prescribed course of study in law (a) at a qualified law school, or (b) under private tutors for a period of at least four years during which yearly examinations on the subjects covered shall be conducted by the local bar committees.

2. No person shall be enrolled as a law student in any court of the Republic who, has not completed a law course in the University of Liberia or some college in the country, or who does not hold a degree in law from some institution in Liberia, or from some recognized foreign college.

3. Every applicant for admission to practice in the Supreme Court shall be required to prepare and file a petition which shall be voted upon by the Supreme Court Bar, and shall be expected to pass a bar examination, except in those cases where lawyers are appointed and commissioned by the President to positions which require them to practice before the Supreme Court.

Petitioner petitioned the Supreme Court for dispensation for admission to the Supreme Court Bar, setting forth, amongst other things that he had been admitted to the practice of law as an attorney-at-law and had practiced for more than fifteen years, and that he had been appointed Chairman of the Special Elections Commission which entailed that he may have to appear before the Supreme Court to defend the position of the Commission.

The Supreme Court, agreeing that the petitioner had met the qualification for admission to the Supreme Court Bar, absent the passing of the required Bar examination, but acknowledging that the position to which he had been appointed qualified him for dispensation from such examination, and noting that it had the authority to grant such dispensation, granted the petition and the dispensation prayed for, and ordered the petitioner admitted to the Supreme Court Bar as a counsellor-at-law.

MR. JUSTICE WUREH delivered the opinion of the Court.

Petitioner G. Henry Andrews, Attorney-at-Law, did, on the 27th day of June, 1997, petition the Honourable Supreme Court of Liberia, praying for dispensation for admission to practice law before this Honourable Court.

Amongst other things, Petitioner Andrews set out in his petition that: (1) he is a graduate of the Louis Arthur Grimes School of Law; (2) upon graduation he was admitted to the Montserrado County Legal Bar as an attorney-at-law at the Civil Law Court for the Sixth Judicial Circuit, Montserrado County in 1971; (3) immediately subsequent to his admission to the Montserrado County Legal Bar, he commenced the active practice of law before various Circuit Courts, whilst additionally simultaneously serving as Managing Partner of the Barnard and Andrews Law Firm in Monrovia; (4) he is a citizen of the Republic of Liberia in good moral and professional character; and, (5) by virtue of his position as Chairman of the Independent Elections Commission of the Republic of Liberia, and in furtherance of his said position, petitioner has petitioned this Court for dispensation for admission to practice law before this Bar.

Petitioner’s petition praying for dispensation presents two basic issues, namely: firstly, whether or not petitioner is qualified to become a member of this Bar; and, secondly, whether or not it is within the province of this Court to grant the dispensation prayed for by petitioner?

In order to squarely address the first issue of whether or not the petitioner is qualified to become a member of the Supreme Court Bar, recourse was made to the controlling statutes on the requisite qualifications to practice law before Liberian Courts generally, and more specifically the qualifications an attorneyat-law must possess in support of his petition for admission to practice law before the Supreme Court of Liberia.

A statute in point prescribes, inter alia, that candidates for admission to the legal bar as attorneys-at-law must have “successfully completed a prescribed course of study in law (1) at a qualified law school, or (2) under private tutors for a period of at least four years during which yearly examinations of such candidates on the subjects covered each year shall be conducted by the local bar committees; provided that this second method of establishing eligibility shall not be available to candidates who commence their study of law one year after this section becomes effective.” Judiciary Law, Rev. Code 17: 17.4(2), approved May 10, 1971 and published June 22, 1972.

Also, in an authorizing judgment handed down by this Court in December, 1958, the Revised Rules of the Circuit Court in Liberia established the present procedure for training lawyers for practice in our courts. Rule 34 is one of the rules legalized by the December 1958 judgment. Rule 34 provides, as follows:

“No person shall be enrolled as a law student in any court of the Republic who has not completed a law course in the University of Liberia or some college in the country, or who does not hold a degree in law from some institution in Liberia, or from some recognized foreign college. Degrees in law referred to herein do not include those obtained through correspondence courses.” RULES FOR GOVERNING PROCEDURE IN THE COURTS AND FOR REGULATING MORAL AND ETHICAL CONDUCT OF LAWYERS IN THE REPUBLIC OF LIBERIA, (July 1972); Address Of Chief Justice James . A. Pierre On Being Installed In Office (April 28, 1971), 20 LLR, text at pages 748 – 747.

Further, this Court in passing on The Petitions of AttorneysAt-Law for Admission Into The Supreme Court Bar as Counsellors-At-Law During its March 1985 Term, revisited the Judiciary Law, Rev. Code 17, hereinabove cited, which requires, as follows: “17.8. Admission to bar of Supreme Court. Any attorney who has been actively engaged in the practice of law for five years may submit a petition to the Supreme Court showing his moral and professional qualifications for membership in the Bar of the Supreme Court and praying admission as a counsellor of that Court ” In re, the Petition for Admission of Attorney-At-Law as Counsellors-At-Law, 33 LLR 322 (1985), March Term A. D. 1985.

This now brings us to consider the second issue which is, whether or not it is within the purview of this Court to grant the dispensation as prayed for by the petitioner?

A further recourse to Chief Justice Pierre’s address of April 28, 1971, referred to herein above, reveals that this Court has authority to grant dispensations such as the one prayed for by Attorney Andrews. In this connection, Chief Justice Pierre observed:

“…Every applicant for admission to practice in the Supreme Court shall be required to prepare and file a petition, which shall be voted upon by the Supreme Court Bar; and he shall be expected to pass a bar examination, in keeping with requirements of the Rules, except in those cases where lawyers are appointed and commissioned by the President to positions which require them to practice before the Supreme Court. 20 LLR 748, (Emphasis supplied).

The averments in the petition now before this Court indicate that petitioner is a Liberian citizen; that he graduated from the Louis Arthur Grimes School of Law; that he was admitted as an attorney-at-law in 1971 and has since practiced law in good moral and professional standing for more than fifteen (15) years; that his petition is appropriately supported by attestation of three (3) counsellors of this Bar, and that his present position as the Chairman of the Independent Elections Commission may require that he appears before this Court to defend whatever actions may be brought against the Commission growing out of the July 19, 1997 Special Presidential and General Elections.

This Court, having carefully reviewed Attorney Andrews’ qualifications in line with the controlling statutes on admission to the Bar of the Supreme Court, has determined that he is qualified for admission to the Supreme Court Bar.

Wherefore, and in view of the foregoing, it is our considered opinion that the petition of Attorney G. Henry Andrews should be and the same is hereby granted.

The Clerk of this Court is hereby ordered to issue to Attorney Andrews a counsellor certificate bearing five ($5.00) dollars revenue stamp for each of the signatures of the five Justices, and by which certificate, Petitioner Andrews is hereby admitted into the Bar of the Supreme Court as a Counsellor-At-Law. The Chief Justice is by this Court authorized to administer the oath to the candidate as a Counsellor of this Court. And it is hereby so ordered.

Petition granted.