In Re Scott

WORKS, J.

On April 21, 1924, petitioner filed his application for admission to the bar, the application being grounded upon a former admission and practice in the state of Arizona. The state board of bar examiners, after due investigation, recommended that petitioner be not admitted, and he asks that we now order his admission, notwithstanding the adverse recommendation.

The only question to be determined is whether petitioner’s case, as shown by affidavits filed in his behalf, is within the provisions of section 279 of the Code of Civil

[717]

Procedure, which reads, in part: “Any citizen . . . who has been admitted to practice law in the highest court of a sister state, . . . and who, after such admission, has been engaged in practice of law in such state . . . for a period of at least three years within the period of seven years immediately preceding the filing of his application, may be admitted to practice in all the courts of this state, upon the production of his license, and satisfactory evidence that his license has not been revoked and . . . that he has been so engaged in actual practice in such state . . ., as above provided. ...”

Without question, petitioner was admitted to practice by the highest court of Arizona on November 6, 1920, and, equally without question, his license to practice in that state has never been revoked. Has he been engaged in the ‘ actual practice” of law there, however, for “at least three years within the period of seven years immediately preceding the filing of his application,” on April 21, 1924, here?

At the date of his admission in Arizona petitioner was a resident of that state. He continued to live there until September 17, 1922, covering a period of a little more than one year and ten months, when he came to California. Everything shown by him or on his behalf concerning his practice in Arizona is as follows: It is averred in an affidavit made by petitioner and on file in this proceeding that immediately after his admission in Arizona “he engaged in the practice of law and opened offices for such purpose ... at Prescott, . . . Arizona, and ever since has continued to be a member in good standing of the bar of Arizona and as subject to the orders of. the courts of said State ’ ’; that ‘ ever since his said admission ... he has held himself out as a practicing attorney of said state, and in the course of his practice as such, he appeared as attorney of record for plaintiffs, or defendants, in numerous cases before the Superior Court in and for Yavapai County, and in other courts of said state, and conducted the prosecution or defense thereof”; that “from the day of his admission until on or about the 17th day of September, 1922, he remained in person within the State of Arizona, but, that at the time last mentioned he came to California for the purpose and with the intent to organize a certain Fraternal Association” and that “he did organize such association”; that “affiant is retained by said association as its attorney for the State of Arizona, and also as its