Evening star., 1949-07-31
House 10 Get Bill
On Practitioners
In U. 5. Agencies
Ready to Go to Floor
Tomorrow; Measure
Involves Non-Lowyers
By Chris Mothisen

By Chris Mothisen
The systematic regulation Of
practitioners before administrative
agencies of the Federal Govern
ment will be proposed to the House
tomorrow in a bill bearing the ap-
proval of the Judiciary Committee.
This matter has been the sub
ject of more than 20 bills during
the last dozen years. but none has
passed. When the Administrative
Procedure Act was under con-
sideration in 1916, the problem Of
licensing such practitioners was
But it was decided it
was deserving of treatment in
separate legislation.
Now. a measure sponsored by
Representative Walter, Democrat,
of Pennsylvania, a lawyer and a
member of the Judiciary Com
is ready to be called up
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.
Committee Proposed.
A central Credentials Commit
tee would be created The men,
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from becoming out-of date. the
committee could require renewals
by mail from time to time.
Issuance of credentials to prac-
ticing lawyers would be virtually
Agencies which for
seven years or more had been re-
quiring special additional quail
ifications of persons representing
in proceedings before
them would be permitted to con-
tinue to do so. This provision Is
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
oy statute to attorney" or "coun.
sel' and at proceedings OF a for
nal, courtlike character such as
iefined in sections and 8 Of the
Procedures Act.
In either situation, however, an
exception would be given agencies
such as the Interstate Commerce
Commission which had licensed
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 advis-
Dry 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 defin1-
ton: Regularly appearing. par
ticipating, or offering to do so on
behalf of others for a considera-
lion in agency proceedings as the
whole or part of a profession.
calling, business or trade"
At present, according to the
Judiciary Committee. "at least
from a technical point OF vlew'
the recognized canons OF profess
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
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
Committee of an
agency.
The Judiciary Committee point
ed out that the bill also seeks
to write into law for the first
time Gnsofar as prospective
holders of the proposed creden-
tials are concernedD the present
canon of professional ethics that
no practitioner shall engage in
representing any one in a matter
Tor matter factually related there
;o) in which he is simultaneously
concerned or with which he pre-
,iously dealt as a public servant,
except that the disability is lin
ted to two years following ter
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