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In re Application of Olterman10/14/2005
year and was arrested for driving under the influence of alcohol the following month.
{ } In weighing the evidence, the panel considered the factors listed in Gov.Bar R. I(11)(D) and found evidence of an existing and untreated alcohol dependency on the part of applicant. Gov.Bar R. I(11)(D)(3)(b). When assigning weight and significance to applicant's prior conduct, the panel noted the recency of applicant's problems with alcohol and his related legal troubles, the serious nature of his problems, the lack of evidence of complete rehabilitation, and the repetitive nature of his problems. Gov.Bar R. I(11)(D)(4)(b), (d), and (g).
{ } The panel concluded that applicant had not established his character and fitness for admission to the practice of law in Ohio by clear and convincing evidence.
{ } The board adopted the panel's findings of fact and recommended that applicant's pending application to take the Ohio bar examination be disapproved. The board further recommended that applicant be permitted to reapply no sooner than for the February 2006 exam.
{ } We adopt the findings, conclusions, and recommendation of the board. Under Gov.Bar R. I(11)(D)(1), " he applicant has the burden to prove by clear and convincing evidence that the applicant possesses the requisite character, fitness, and moral qualifications for admission to the practice of law." Like the panel and the board, we find applicant's efforts to overcome his alcohol dependency admirable, and we commend him for the 15 months of abstinence he had demonstrated at the time of the hearing before the panel. Even so, his past failures to attend AA meetings consistently and the relative recency of his sobriety rightly prompted the board to question whether applicant had met his burden of proving his character and fitness to practice law, particularly in light of applicant's record of criminal and traffic violations and his dishonesty on his law school application.
{ } For these reasons, we disapprove applicant's application to take the Ohio bar examination. He may, however, apply to sit for the examination in February 2006 or later by filing an entirely new application to register as a candidate and a new application to take the bar examination. Upon application, he must undergo a complete character-and-fitness investigation, including the preparation of a report by the National Conference of Bar Examiners, in order to allow the board to determine whether he possesses the necessary qualifications for admission to the practice of law in Ohio.
Judgment accordingly.
MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and LANZINGER, JJ., concur.
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