 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
In re Application of Hartmann11/10/2005
atus as described by Larson.
On October 28, 2004, the Commission notified Hartmann that it was denying his request to take the bar examination "on the basis that he lacks the requisite fitness and character for admission to the Nebraska Bar." Hartmann filed this timely appeal pursuant to rule 10 and Neb. Ct. R. of Adm. of Attys. 15 (rev. 2000).
ASSIGNMENT OF ERROR
Hartmann's sole assignment of error is that the Commission erred in finding he lacks the requisite character and fitness for admission to the Nebraska bar.
STANDARD OF REVIEW
Under rule 15, the Nebraska Supreme Court considers the appeal of an applicant from a final adverse ruling of the Commission de novo on the record made at the hearing before the Commission. In re Application of Roseberry, ante p. 508, 704 N.W.2d 229 (2005); In re Application of Silva, 266 Neb. 419, 665 N.W.2d 592 (2003).
ANALYSIS
The Nebraska Supreme Court is vested with the sole power to admit persons to the practice of law in this state and to fix qualifications for admission to the Nebraska bar. Id. Nebraska statutory law further provides: "No person shall be admitted . . . unless it is shown to the satisfaction of the Supreme Court that such person is of good moral character." Neb. Rev. Stat. § 7-102(1) (Cum. Supp. 2004). We have delegated administrative responsibility for bar admissions solely to the Commission. In re Application of Silva, supra.
Neb. Ct. R. for Adm. of Attys. 3 (rev. 2005), which governs the admission of attorneys, describes the applicable standards for character and fitness of attorneys as follows:
An attorney should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. A record manifesting a significant deficiency by an applicant in one or more of the following essential eligibility requirements for the practice of law may constitute a basis for denial of admission.
In addition to the admission requirements otherwise established by these rules, rule 3 recites the following essential eligibility requirements for admission to the practice of law in Nebraska:
(a) The ability to conduct oneself with a high degree of honesty, integrity, and trustworthiness in all professional relationships and with respect to all legal obligations;
(b) The ability to conduct oneself diligently and reliably in fulfilling all obligations to clients, attorneys, courts, and others;
(c) The ability to conduct oneself with respect for and in accordance with the law and the Nebraska Rules of Professional Conduct;
(f) The ability to exercise good judgment in conducting one's professional business;
(g) The ability to avoid acts that exhibit disregard for the health, safety, and welfare of others;
(j) The ability to conduct oneself professionally and in a manner that engenders respect for the law and the profession.
Appendix A to our rules governing the admission of attorneys further clarifies the character and fitness standards and provides in part:
The primary purposes of character and fitness screening before admission to the bar of Nebraska are to assure the protection of the public and to safeguard the justice system. . . . The public is adequately protected only by a system that evaluates character and fitness as those elements relate to the practice of law. The public interest requires that the public be secure in its expectation that those who are admitted to the bar are worthy of the trust and confidence clients may reasonably place in
Page 1 2 3 4 5 6 7 Nebraska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|