Evening star., 1949-07-31
House toGe Bill
On Practitioners.
In u. 5. Agencies.
Ready to Go to Floor
Tomorrow; Measure
Involves Non-Lowyers
by Chris Mothisen

ment will be proposed to the House
tomorrow in bill bearing the ap-
proval of the Judiciary Committee
This matter has been the sub.
lect of more than 20 bills during
the last dozen years, but none ha.
passed When the Administrative
Procedure Act was under con.
sideration in 1916, the problem o.
licensing such practitioners wa!
discussed. But it was decided il
was deserving Of treatment ir
separate legislation.
Now. a measure sponsored by
Representative Walter. Democrat
of Pennsylvania, a lawyer and g
member of the judiciary Com
mittee, is ready to be called ur
for a vote.
In general, it is intended to tie
together the accreditation proce-
dures of Federal agencies, par
ticularly with respect to non
lawyers.
Credentials Committee Proposed
A central Credentials Commit
tee would be created. The mem
bers would be appointed by the
Attorney General, and would
serve without pay. 1t would be
required that four of the five be
officials of the Executive Branch
serving in positions requiring Sen
ate confirmation. The fifth would
be an attorney in private prac-
tice.
The committees expenses would
be met from fees charged for Gre
dentials. To prevent the rolls
from becoming out-of- f-date, the
committee could require renewals
by mail from time to time.
Issuance Of credentials to prac-
ticing lawyers would be virtually
automatic. Agencies which for
seven years or more had been re-
quiring special additional quail
ificationS of persons representing
principals in proceedings before
them would be permitted to con-
tinue to do so. This provision is
intended primarily to protect the
present policy of the Patent Office.
Non-lawyers now accredited by
individual agencies would get the
new credentials without red tape.
Other applicants would have to
satisfy the agency that they pos
sess necessary competence as
we'll as understanding of ethical
responsibilities" and the Creden-
tials Committee would have to de-
eide the applicant is "of good
moral character and repute."
Scope Is Limited.
Nonlawyers would be prohibited
from appearing before agencies in
which representation is restricted
by statute to attorney" or "coun-
sci" and at proceedings of for
NAL. courtlike character such as
defined in sections z and 8 of the
Administrative Procedures Act.
In either situation, however. an
exception would be given agencies
such as the Interstate Commerce
Commission which had licensed
norhawyers for such practice dur
ing the seven years Immediately
before the effective date of the
Act.
The licensing requirements OF
the bill would not apply to advls-
ory functions, commercial trans
actions with agencies, such as
some of the activities OF custom
house brokers, or mere requests
for information.
The measure is designed to regu-
late practice" under this defini-
ton: Regularly appearing, par
ticipating, or offering to do SO on
behalf of others for considera-
tion in agency proceedings as the
whole OF part Of a profession
calling, business or trade"
At present, according to the
Judiciary Committee. "at least
from a technical point OF view
the recognized canons OF profes-
sional and judicial ethics are IN
applicable to administrative prac-
tice. both because it is admins
trative and because many prac-
titioners are not lawyers. In the
absence of such a provision. very
few administrative agencies have
attempted to state or enforce
standards of conduct"
$4,000 Fine Provided.
A $4,000 fine or Imprisonment
for one year, or both, would be
provided as penalties for viola
tions of the Act or rules of the
Credentials Committee OF an
agency.
The Judiciary Committee point
ed out that the bill also seeks
to write into law for the first
time Cinsofar as prospective
holders of the proposed creden-
tials are concerned the present
canon of professional ethics that
no practitioner shall engage in
representing any one in a matter
Cor matter factually related there
to- in which he is simultaneously
concerned or with which he pre-
viously dealt as public servant.
except that the disability is linn
tied to two years following ter
mination of his public service"
In its report, the Judiciary
Committee makes plain it is con-
cerned particularly with tighten.
ing controls over nonlawyer prac-
titioners. The report comments or
"the daily subsection of lawyers te
extensively stated and judicially
expounded canons of professional
ethics for which. with some not.
able exceptions, there is often ne
effective counterpart among non.
lawyer specialists.
This lack" the report con-
tinues, mot only leaves the latter
free to disregard accepted ideas oil
good professional conduct but, ir
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