adopted February 17, 1923 which provided that resident counsel must appear in every equity case and must be a lawyer who maintained an office in this district. It seems perfectly clear to us, therefore, that our illustrious predecessors contemplated that both on the law and equity side the resident counsel mentioned in the rules would be one who maintained an office for the general practice of the law in this district.
The chronological sequence of events leading up to the present problem is as follows: Stephen J. Kovrak, the petitioner, had, according to the affidavit of his sponsor, on October 15, 1943, been theretofore duly admitted as an Attorney and Counsellor-at-Law in the United States District Court for the District of Columbia, after having regularly passed the examinations for admission to that bar as prescribed by the Board of Law Examiners for the said District of Columbia. Photostatic copies attached to an affidavit, sworn to on June 19, 1959, and filed in this Court on June 22, 1959, indicate that the petitioner was admitted to the United States Court of Appeals for the District of Columbia on the 6th day of December, 1943, and in the Supreme Court of the United States on the 17th day of March, 1947. It is interesting to observe the timing involved in the presentation of these facts to the Court. The present action was filed on November 12, 1958, and was argued to the Court en banc, on a motion for summary judgment filed on behalf of the petitioner, on May 27, 1959. Thereafter, by permission, petitioner filed on June 10, 1959 an amended petition for declaratory judgment, which made no mention of the aforesaid important and determinative factors. By affidavit of the sponsor attached to the amended petition, petitioner asserted that he was entitled to and had been regularly admitted to this Court because he was on October 15, 1943 duly admitted to practice before the United States District Court for the District of Columbia. It is, therefore, abundantly clear that on the crucial date of October 15, 1943 petitioner was not eligible for admission to this Court. Petitioner's counsel by letter to Chief Judge Ganey and the Associate Judges of this Court, dated June 22, 1959, declared that the Court under the provisions of Paragraph 2 of Rule III must deem the petitioner to have been a member of this Court since March 17, 1947, and must therefore declare his rights as based upon that paragraph of Rule III, rather than the admission of October 15, 1943. With this position we do not agree.
It has always been the policy of this Court upon the introduction to the court of a member of the bar of the Supreme Court of the United States and the certification of a member of our local bar that he has been so admitted to permit such attorney without more to participate in any matter pending before the court, i.e., to take part in the trial of a case; to address juries, and to associate himself with local counsel and argue matters in which resident counsel had already entered an appearance. It has never been the policy of the Court to admit a person generally until he had properly taken the oath as provided in Section 1 and signed the roll of attorneys. This the petitioner Stephen J. Kovrak has never validly done.
Since we are now asked to declare future rights in the petitioner which are bottomed upon privileges granted by us to him on October 15, 1943 and which were in fact never validly granted, we need concern ourselves no further with any other questions raised. Petitioner's admission to practice, his taking of the oath and signing the roll of attorneys in this Court, was based upon an improper certification of his sponsor as to his eligibility, was invalid and of no effect. The Court, therefore, will direct that the name of Stephen J. Kovrak be stricken from the Roll of Attorneys of this Court and will enter an order dismissing the petition for a declaratory judgment.
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