Chandler v. Martin (Majority, with Concurring and Dissenting)
Annotate this CaseDoralee Chandler, a registered voter, filed an amended petition for issuance of a writ of mandamus and for declaratory judgment, alleging that Judge Harrison G. Foster II was not a qualified or eligible candidate for circuit judge because he was not a “licensed attorney” for the constitutionally mandated six-year time period preceding the assumption of the office. The circuit court denied Chandler’s petition and granted Foster’s third-party complaint, determining (1) Foster was not “unlicensed” pursuant to Rule VII(C) of the Rules Governing Admission to the Bar despite his failure to timely pay his licensing fee four of the six consecutive years prior to the time for taking office, if elected; (2) the suspension of Foster’s license to practice law due to Foster’s failure to timely renew his licensing fee violated his due process rights; and (3) Rule VII(C) was unconstitutional. The Supreme Court affirmed, holding (1) the circuit court did not err in determining that Foster was not “unlicensed” pursuant to Rule VII and in finding that he was qualified to seek the position of circuit judge; and (2) Rule VII(C) is unconstitutional in that it provides for an automatic suspension of a lawyer’s license without procedural due process.
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