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In re Application of Hartmann

11/10/2005

.H.V.'s leg or knee with his hand at a Thanksgiving meal. Larson described Hartmann's touching as a means of deriving emotional gratification and a feeling of comfort and stated that the acts were not done for sexual gratification.


Based upon what he deemed to be a reliable psychological evaluation performed by another psychologist, Larson diagnosed Hartmann with " ajor depressive disorder, adjustment disorder with depressed mood, and personality disorder not otherwise specified." Larson explained that the adjustment disorder is a reactive depression caused by situational circumstances and that the major depressive disorder is characterized by long-term bouts of depression. The personality disorder involves dependency issues. According to Larson, Hartmann forms a premature emotional attachment to women he dates and then feels a very strong sense of rejection when the relationship ends. To relieve the pain of these rejections, Hartmann has turned to abusing alcohol and to romantically idealizing young women, resulting in his "making choices and even actions that were just not wise, not appropriate."


Larson testified that Hartmann had made progress in identifying and taking responsibility for his "pattern" of behavior with young women and had become aware of how he views them in an inappropriate way. However, Larson also testified that because his counseling time with Hartmann had been limited, he was still in the assessment phase of treatment and had not had an opportunity "to get too much into the intervention phase," which he planned to address in further counseling. Larson also testified that he had noted, but had not addressed, Hartmann's issues related to alcohol use.


Larson stated that because Hartmann was aware of his problem and motivated to resolve it, it was his opinion that Hartmann would be able to provide legal services to clients without risk of harm. However, he acknowledged that Hartmann's representation of a young female client could elicit "different kinds of emotional responses" which would need to be addressed in counseling. Larson testified that he intended to continue meeting with Hartmann about once every 3 weeks. When asked by a member of the Commission to give his assessment of how Hartmann would function under a high degree of stress, Larson replied: "I think that there are times where he may get somewhat overwhelmed by the level of stress that he's under. And so I guess . . . I see that, at this point, still a work in progress."


Hartmann agreed with Larson's assessment and admitted that in retrospect, he had made mistakes in forming emotional attachments to his former student and K.H.V. He testified that he has benefited from Larson's counseling and that he would continue seeing him "until I feel confident . . . that I can persevere no matter . . . what happens in my emotional life." Hartmann confirmed his statement to Larson that he was currently involved in a stable relationship with an adult female and submitted a letter from this person, which was supportive of his application.


In addition to the letters from family members identified above, Hartmann submitted letters from former employers, including a governmental agency and a private law firm where he worked as a law clerk. The letters were supportive of his character and fitness for admission to the bar. The record also includes a favorable military fitness report pertaining to Hartmann, completed in January 2004. One of Hartmann's law professors testified at the hearing in support of his application. There is no indication that any of these persons, other than members of Hartmann's family, had knowledge concerning the incident involving K.H.V. or Hartmann's psychological st

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