Gilbert Sutton v. Samuel S. Lionel

This is an appeal from a judgment of the United States District Court for the District of Nevada, Bruce R. Thompson, Judge, dismissing for failure to state a claim upon which relief can be granted an action challenging the constitutionality of various rules governing admission to the practice of law in Nevada, and seeking the production of materials and a hearing. For reasons given below, we affirm.

The Supreme Court of the State of Nevada (the “Court”) is empowered by the state’s legislature to make rules for the government of the State Bar. N.R.S. Title 1, ch. 2 § 2.120(1) (1975). The bar is a public corporation created by statute and continued under the exclusive jurisdiction and control of the Court. N.R.S. Title 1, ch. 7 § 7.275(1) (1977). The Court, pursuant to its rule-making authority, authorized the board of governors of the bar to fix and determine the qualifications for admissions to practice law in Nevada. In addition, the board of governors was authorized to delegate to a board of bar examiners the power to interview and examine applicants, to determine their qualifications for admission to practice, to recommend to the Court applicants who fulfill these…