Opinion
APPEAL NO. 1519.
January 6, 1972.
Guy J. Wells, for applicant.
James H. Barnett, representing public's interest; Arthur H. Feiner, Chairman, Board of Bar Examiners.
Charles R. Capace applied for admission to the Bar of this State in August, 1970. In September of the same year he took, and apparently passed, the written examination given by the Board of Bar Examiners. Nevertheless the board has refused to move his admission to the Bar, and in a written decision dated August 12, 1971, gave its reasons. Capace has appealed from that decision.
When the case was argued before us both Capace and counsel representing the public's interest advised, and the board agrees, that the testimony of a United States Army captain, had it been available at the time of the proceedings we now review, might have been an influencing consideration. The captain, however, was then in Vietnam and was, therefore, unavailable as a witness. He has since returned to this country. In the circumstances and because the parties agree that his testimony may be crucial, we depart from our customary procedure. Instead of deciding the case on the record which has been submitted, we remand it to the board with direction to reopen the case for the purpose of taking the captain's testimony, and then, on the record now before us as it may be supplemented by that testimony, to redetermine whether to recommend Capace's admission. The record, unless so supplemented on or before March 1, 1972, shall again be certified to us for consideration.
It is so ordered. Roberts, C.J., not participating.