[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

power to provide for the deportation of all other races, including Jews, blacks, and other
“mud races” so that the United States could then become a “white race” only country. He
claimed he would follow the law until he could change it by peaceable means. A hearing
panel focused on Hale’s conduct, rather than his beliefs, denying him admission because he
had admitted he would follow the Rules of Professional Conduct “only when he felt like
it.” 4 The Supreme Court also has invalidated two licensure requirements — citizenship and
residency — on constitutional grounds. It barred citizenship requirements for lawyers on
Equal Protection grounds, holding that the state could not prove a compelling interest that
would overcome the strict scrutiny required by the Fourteenth Amendment to protect
resident aliens. 5 It overturned residency requirements under the privileges and immunities
clause in Art. IV, § 2 of the Constitution, concluding that the state could require lawyers to
be familiar with local law, obey the jurisdiction’s rules of professional conduct, participate
in pro bono work, or be available to appear in court, but could not use residency as a
surrogate for such restrictions. 6
The net result of these decisions is that states remain free to impose admission
requirements on residents and nonresidents alike, as long as the prerequisites do not favor
resident lawyers. Several courts also have upheld similar prerequisites to pro hac vice
admissions (to represent a client with tribunal permission in one particular matter). 7
In re Application of Converse
602 N.W.2d 500 (Neb. 1999)
PER CURIAM.
Paul Raymond Converse appeals a decision of the Nebraska State Bar Commission
(Commission) denying his request to take the July 1998 Nebraska bar examination.
Converse claims that the decision of the Commission should be reversed because the
Commission rested its denial of Converse’s application, at least in part, upon conduct
protected by the First Amendment to the U.S. Constitution and, in the alternative, that
Converse’s conduct did not constitute sufficient cause under Nebraska law for denying his
application on the ground of deficient moral character. For the reasons that follow, we
affirm the decision of the Commission. . . .
[As part of the application process, Converse’s law school dean certified that he had
completed law school and checked “yes” when asked whether the Bar Examiners should
inquire further regarding his moral character, which triggered a Commission hearing
revealing the following facts.]
After the completion of his first semester at the University of South Dakota Law
School, Converse sent a letter to then assistant dean Diane May regarding certain issues . . .
that he had had with his fall classes, closing that letter with the phrase, “Hope you get a full
body tan in Costa Rica.” . . .
After he received a grade he believed to be unjustified by his performance in the
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