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Legal Ethics Keyed to Rhode, 8th Ed.
Schware v. Board of Bar Examiners of New Mexico
Citation:
353 U.S. 232 (1957)Facts
Rudolph Schware grew up during the Great Depression in a poor immigrant neighborhood in New York City. As a young man, he joined the Young Communist League in 1932 and later the Communist Party, which he left in 1940 after becoming disillusioned with it. During the 1930s, he used aliases to avoid anti-Semitic discrimination in employment and was arrested several times during labor disputes but was never convicted of any crime. He served honorably in the U.S. Army during World War II and later attended law school at the University of New Mexico, where he maintained exemplary conduct. He disclosed his past to the dean upon entering law school. When applying to take the bar examination in 1953, he was denied based on his past Communist Party membership, use of aliases, and arrest record. Despite numerous character references from professors, classmates, and community members attesting to his good character, the Board and New Mexico Supreme Court maintained that his past activities demonstrated questionable moral character.
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