Evening star., 1943-09-09
40 Lawyers
Protest County
Practice Ruling
Committee Named
To Ask Judges to
Reconsider Action

Forty lawyers from Montgomery
and Prince Georges Counties, who
would be restricted from practicinr
before the Montgomery County Cir
cult Court under a recent court
ruling, today pushed plans to carry
their protest against the ban to
the two Circuit Court judges in an
attempt to obtain its modification or
outright abolition.
The group, which met last night
at the Indian Spring Country Club,
elected J. Harry Welch, chairman
of a five-man committee to ap-
pear before Judges Charles w.
Woodward and Stedman Prescott
and ask them to reconsider the
ruling. Mr.. Welch said he would
name the other four members by
Monday.
Robert w. Mccullough, who pre-
sented the resolution setting up the
committee. also asked that 1t in
clude a provision calling for court
action If the two county jurists re-
fuse to reconsider the ruling. This
provision was defeated. however.
The ruling, effective October /,
was issued August IS by Chief Judge
Edward s. Delaplane and Associate
Judges Woodward, Prescott and
Patrick M. Schnauffer Of the sixth
Maryland judicial circuit, which
comprises Montgomery and Fred
erick Counties.
TT y,rovtrJos that al !. 1x;., .~~-.>s 4
on in the Montgomery County Cir
cult Court, with the exception Of
those brought by the plaintiffs
themselves, shall be conducted by
enrolled members OF the bar Of the
Circuit Court for the county.
Under the ruling, members in
good standing of the Maryland
Court of Appeals, who regularly
maintain bona fide Offices In Mont
gomery County for the practice of
law and who spend reasonable
amount of time" in such Offices,
shall be eligible to become members
Of the Circuit Court bar on making
application in writing on forms pro-
vided by the Circuit Court clerk. Any
nonmember may practice before the
court provided he Is associated with
an enrolled member IN the institu-
tion and trial Of any action or pro-
ceeding.
Judge Bwault Hits Ruling.
Judge Albert e. Brault, trial mag
istrate at the Bethesda Police Court
and county civilian defense direc-
tor, charged that the ruling, which
was authorized by an act passed at
the last session Of the State Legis-
lature, would result in the virtual
disbarment of lawyers living in
Montgomery County but who main-
tain offices In the District
He added that the validity Of the
ruling is doubtful" in that it con-
fiicts with the general law author
izing Maryland attorneys to prac-
tice anywhere in the State.
This opinion was supported by
Judge Walter L. Green, Prince
Georges County trial magistrate.
Judge Green pointed out that the
act on which the ruling Is based
apparently does not repeal the gen.
eral law and that 1--WE must assume
the latter is still in effect"
Ohio Case Cited.
He quoted Louis Arnold, another
attorney, as saying that in q SINH
lar case in Ohio the highest court
in the State maintained that q
circuit court there had no power to
make such a ruling and that at
torneys admitted to practice in Ohio
could practice anywhere in tie
State.
H. Winship Wheatley. former
president of the District Bar Asso-
citation, warned that the Circuit
Courts action builds wall around
Montgomery County and may pro-
woke the Prince Georges County
Circuit Court to issue similar
ruling"
"If I have passed the Maryland
bar examination" Mr.. Wheatley
declared, II see no reason for one
county in the State to say, You
can't come over on our side of the
fence"
Others who spoke in opposition
to the ruling include Judge Carey
E. Quinn of the Montgomery County
Orphans Court; Arthur j. Hilland
of Montgomery County, Leroy Pum-
phrey, a member of the Prince
Georges County delegation to the
State Legislature, and Louis Lebo-
witz. also of Prince Georges County.
Judge Prescott's Stand.
Earlier in the day Judge Prescott
told The Star that the ruling was
the result of long study and had
ben urged by the Montgomery
County Bar Association for the past
10 years. He said similar rulings
are in effect in Howard, Carroll and
Anne Arundel Counties.
According to Judge Prescott, the
ruling was issued principally to en-
able members of the court to get
in touch with attorneys carrying
on proceedings If the need arose.
He said that in the past, outside
lawyers who instituted actions in
the Montgomery County Circuit
Court could not be reached by the
presiding Judge when legal questions