concurring specially.
I commend the majority’s foresight in recognizing that a per se prohibition against pro se appearances by corporations is not necessary in certain tribunals, and might, in fact, impose undue hardships. By permitting lay persons to serve as a corporation’s legal representative in courts not of record, the majority has prudently allowed corporations to be represented by non-lawyers in forums which include, among others: (1) the magistrate courts which are *807required to exist in every county of this state;1 (2) administrative tribunals;2 and (3) most city and municipal courts.31 believe it possible, however, that extraordinary circumstances could warrant permitting a corporation to appear pro se in a court of record. On such rare occasions and upon proper application, I would permit trial judges, in the exercise of their wise discretion, to consider whether the circumstances are so exceptional that they justify allowing a pro se corporate appearance.
On Motion for Reconsideration.
On motion for reconsideration, the Attorney General has filed an amicus brief, in which he urges that,
in the context of this case, this Court erred in invalidating OCGA § 15-19-52, which embodies the public policy of this state, in the absence of a case or controversy, and without notice to the Attorney General.
It is well settled that this Court will not pass upon the constitutionality of a statute where no justiciable case or controversy is presented and that, in a case wherein the constitutionality of a statute is called into question, the Attorney General must be served and heard. St. John’s Melkite Catholic Church v. Commr. of Revenue, 240 Ga. 733, 734 (1) (242 SE2d 108) (1978); OCGA § 9-4-7 (c). However, in this case, we have not held that OCGA § 15-19-52 is unconstitutional. To the contrary, we have reiterated only what was held more than 20 years ago, when, in Huber v. State, 234 Ga. 357, 360 (216 SE2d 73) (1975), this Court ruled that OCGA § 15-19-52, “as amended, no longer controls the practice of law in Georgia. . . .” This holding in Huber likewise was not predicated upon the unconstitutionality of OCGA § 15-19-52. Huber, supra at 359, merely held that OCGA § 15-19-52
predates by many years the action taken by the General Assembly in 1963 proposing the creation of the State Bar of Georgia ([cit.]); the order of this court entered December 6, 1963, creating and organizing the State Bar of Georgia ([cit.]); and, the cases of Wallace v. Wallace, 225 Ga. 102 (166 *808SE2d 718), and Sams v. Olah, 225 Ga. 497 (169 SE2d 790), decided by this court in 1969. In these two cases, this court unconditionally asserted its inherent power to govern the practice of law in this state. . . . We see that the creation and regulation of the State Bar of Georgia, through the decisions and orders of this court, now constitute the exclusive means of governing the practice of law in Georgia.
Thus, in 1963, the General Assembly itself proposed the creation of a State Bar and, by doing so,
recognized that the creation of a unified state bar was properly a judicial function for the highest court in our judicial department. The [1963] Act manifests that body’s approval, in the public interest, of the creation of a unified state bar, but leaves the creation, organization and government of it to this court.
Wallace v. Wallace, supra at 112 (3) (a). Therefore, OCGA § 15-19-52 is not and was not unconstitutional, but merely was obviated by the subsequent creation of the State Bar of Georgia as an administrative arm of this Court.
Because of the vital role of the legal profession in the administration of justice, it was a proper exercise of State power, proposed by the legislative department, and activated by the judiciary, to create a State Bar for the purpose of “maintaining high standards of conduct in the legal profession and . . . aiding in the efficient administration of justice.” [Cit.]
Sams v. Olah, supra at 504 (7).
Obviously, there is a significant distinction between holding a statute to be unconstitutional and holding a statute to be obviated by subsequent controlling authority.
The purpose of the State Bar Act was to initiate the creation of the State Bar of Georgia. It eliminated any conflicting claims of coordinate branches of government to such power. Its adoption encouraged the court to exercise its inherent power in this regard. In response thereto, but in the exercise of an inherent judicial function, the Supreme Court acted and the State Bar of Georgia was created.
Sams v. Olah, supra at 506-507 (10). It is beyond dispute that the regulation of the practice of law in this state is a matter exclusively within this Court’s inherent power. The fact that, in the past, the *809General Assembly has enacted laws relating to the practice of law does not
Decided April 4, 1997 Reconsideration denied April 4, 1997. Womble, Carlyle, Sandridge & Rice, Sonya Y. Ragland, Kirk W. Watkins, Everett W. Gee III, for appellant. Deborah L. Britt, for appellee. Michael J. Bowers, Attorney General, Michael E. Hobbs, Counsel to Attorney General, Daryl A. Robinson, Deputy Counsel to Attorney General, Glass, McCullough, Sherrill & Harrold, John A. Sherrill, Bryan A. Downs, Sheri M. Rosenthal, amici curiae.indicate that such is a legislative function. This court’s recognition of such legislative enactments . . . does not mean that this court intended to, or even could relinquish this judicial responsibility to the legislature. On the contrary, this court has stated that the judiciary cannot be circumscribed or restricted in the performance of its power and duty to regulate the practice of law and has made it plain that it considers such legislation to be “in aid of the judiciary in the performance of its functions.” [Cit.]
Wallace v. Wallace, supra at 111-112 (3) (a). Because the issue in this case is one which comes within this Court’s inherent power to regulate the practice of law in this state, and does not relate to the constitutionality of OCGA § 15-19-52, the motion for reconsideration is denied.
All the Justices concur.See Bowen v. Ball, 215 Ga. App. 640, 642 (451 SE2d 502) (1994); OCGA § 15-10-1 (1994).
See State Bd. of Dental Examiners v. Daniels, 137 Ga. App. 706, 709 (224 SE2d 820) (1976).
See generally Bowen, 215 Ga. App. at 641 (defining what is considered a “court of record”).