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In re Application of Hartmann11/10/2005
their attorneys.
[3,4] The applicant for admission bears the burden of proving good character by producing documentation, reports, and witnesses in support of the application. 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). "'"A record manifesting a significant deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant may constitute a basis for denial of admission."'" In re Application of Roseberry, ante at 516, 704 N.W.2d at 234. Appendix A to our rules governing the admission of attorneys lists the following as relevant conduct that should be treated as cause for further inquiry before the Commission decides whether an applicant possesses the character and fitness to practice law:
1. misconduct in employment;
2. acts involving dishonesty, fraud, deceit, or misrepresentation;
3. abuse of legal process, including the filing of vexatious lawsuits;
4. neglect of financial responsibilities;
5. neglect of professional obligations;
6. violation of an order of a court, including child support orders;
7. evidence of mental or emotional instability;
8. evidence of drug or alcohol dependence or abuse;
9. denial of admission to the bar in another jurisdiction on character and fitness grounds;
10. disciplinary action by an attorney disciplinary agency or other professional disciplinary agency of any jurisdiction.
When there is evidence that an applicant has engaged in any such conduct, the Commission is required to "determine whether the present character and fitness of an applicant qualify the applicant for admission" based on the consideration of the following factors:
1. the applicant's age at the time of the conduct;
2. the recency of the conduct;
3. the reliability of the information concerning the conduct;
4. the seriousness of the conduct;
5. the factors underlying the conduct;
6. the cumulative effect of the conduct or information;
7. the evidence of rehabilitation;
8. the applicant's positive social contributions since the conduct;
9. the applicant's candor in the admissions process;
10. the materiality of any omissions or misrepresentations.
Id.
In this case, K.H.V. has made multiple allegations that the unlawful conduct on the part of Hartmann extended over a period of years. Hartmann has denied these allegations, with the exception of his account of the January 2002 movie theater incident which led to his plea of no contest to a reduced charge of third degree assault, a Class I misdemeanor. Insofar as we can determine from the record, only the allegation pertaining to the incident at the movie theater resulted in the filing of a criminal charge. There is thus sharply conflicting evidence as to the uncharged allegations of criminal conduct and those originally charged allegations which were not resolved by Hartmann's no contest plea to the reduced charge. However, in view of the facts which are not in dispute by virtue of Hartmann's plea, as well as his testimony and other evidence submitted by him in this proceeding, we need not resolve this conflict.
The admitted facts are that Hartmann, then a 39-year-old, third-year law student, placed his hand on the leg of his 15-year-old niece in a darkened movie theater and left it there for an inappropriate period of time and that on the basis of this conduct, he pled no contest and was convicted of third deg
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