![Pr-colegio-abogados](https://upload.wikimedia.org/wikipedia/commons/2/22/Pr-colegio-abogados.JPG)
The Bar Association of Puerto Rico (BAPR) or ''Colegio de Abogados de Puerto Rico (CAPR)'' is the bar association of
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
. It is the oldest professional association in Puerto Rico, and among the oldest bar associations in the world.
The Bar Association of Puerto Rico is to be distinguished from the
Puerto Rican Bar Association
The Puerto Rican Bar Association (PRBA) is a voluntary association of lawyers of Puerto Rican ethnicity or interest. It is to be distinguished from the Bar Association of Puerto Rico or ''Colegio de Abogados de Puerto Rico'', which is the bar as ...
, which is a private association.
History
Although Puerto Rico was colonized by Spain, a country with associations of lawyers as early as the 16th century, it was not until May 8, 1840, that the Royal Court of Puerto Rico issued an order authorizing the establishment of a Bar Association there.
There were at the time 22 lawyers practicing in Puerto Rico. Its first bar examination was given on May 13, 1841. The Bar Association published the first book of the law of the Royal Court of Puerto Rico in 1857.
Bar operations were suspended when, following the surrender of Puerto Rico to the United States at the end of the
Spanish–American War
, partof = the Philippine Revolution, the decolonization of the Americas, and the Cuban War of Independence
, image = Collage infobox for Spanish-American War.jpg
, image_size = 300px
, caption = (clock ...
, the Military Government suppressed the profession of Attorney. After the Statute of the Bar Association of Puerto Rico was restored, debate ensued among Bar members as to the correct structure of the Bar, due to the transition from Spanish colony to Commonwealth of the United States. The Puerto Rico Bar Association changed in 1911 to be a voluntary association similar to that in many States. In 1932, following lengthy discussion, the voluntary association was converted to a mandatory association; since then all practicing attorneys must be members in order to practice law in the United States territory of
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
, with a number of exceptions, e.g. Federal judges may voluntarily withdraw from the organization.
Structure
The Bar Association, headquartered in the Miramar section of
San Juan, Puerto Rico
San Juan (, , ; Spanish for "Saint John") is the capital city and most populous municipality in the Commonwealth of Puerto Rico, an unincorporated territory of the United States. As of the 2020 census, it is the 57th-largest city under the jur ...
operates a number of programs, including a
pro bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...
legal services program, offers life insurance to its members and makes its meeting rooms available to community organizations.
The association is managed by a governing board, which has met regularly for over 130 years.
The association holds its annual convention in the month of September, when its president and board of directors are elected by those physically present.
Legislation has been approved, converting it into a voluntary membership organization. Other bills have been filed to allow the election of the president by mail-in referendum, rather than an assembly where physical presence is required.
Criticism
Many criticize the bar because, notwithstanding its compulsory nature, it shows an activist tendency towards political matters, openly supporting specific candidates during elections. They believe that a compulsory, government-sponsored institution such as itself should maintain a politically neutral position, so as not to offend its members or taint the institution's honor by involving itself in petty politics.
The bar's compulsory membership has also come under intense scrutiny because of concerns that it violates the
First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
. In 2009, the Puerto Rico Legislative Assembly passed a law mandating that membership in the Bar Association would thereafter be voluntary, and although the Bar Association filed suit to challenge the law, the Puerto Rico Court of Appeals upheld the law's constitutionality; subsequently, the Puerto Rico Supreme Court and the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
each decided in succession not to hear the case on the merits, which had the effect of leaving intact the Puerto Rico Court of Appeals' ruling upholding the law.
More recently, on July 28, 2014, the Puerto Rico Legislative Assembly passed a new statute that, among other things, repealed the 2009 statute and reinstated the requirement of mandatory bar membership. On the same day that the law was signed by the Governor, a local senator filed a lawsuit in the Puerto Rico Court of First Instance challenging the law's constitutionality. Two days later, the Puerto Rico Supreme Court granted the senator's motion for intra-jurisdictional certification and agreed to take up the case directly, thus removing it from the trial court's docket and setting an expedited briefing schedule.
See also
*
Legal profession in Puerto Rico The legal profession in Puerto Rico is practiced at both commonwealth and Federal levels. Thus, legal professionals in Puerto Rico must study both the law of Puerto Rico and the law of the United States.
There are presently three law schools in the ...
References
{{State bar associations navbox
Judiciary of Puerto Rico
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
Puerto Rican law
1840 establishments in Puerto Rico
Organizations established in 1840