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Strasser v. Character and Fitness Committee of the Kentucky Office of Bar Admissions4/21/2005
e disapproval of an admission application if the applicant does not fully and honestly explain when the opportunity arises. See, etc.., In re Ireland-Phillips, 646 N.E.2d 453 (Ohio 1995).
In Bagne, supra, the applicant failed to disclose fully the details of an incident between himself and a jogger 11 years prior to bar application where the jogger had been injured. The Board determined he had committed a crime and that he had provided incomplete facts and false statements to law enforcement and the Michigan Bar previously. It accordingly denied his application, noting that the Michigan Bar had done so previously. It did allow him to reapply on recommendation of the Character and Fitness committee.
In Cvammen, supra, the Ohio Supreme Court held that false and incomplete answers in a bar application and an interview to take the bar examination, and continued attempts to avoid truth, established lack of integrity for admission to practice law on a permanent basis. That applicant had not fully and truthfully answered questions about the circumstances surrounding his forced resignation from employment with a real estate company. It held that "A hearing to determine character and fitness should be more of a mutual inquiry for the purpose of acquainting this court with the applicant's innermost feelings and personal views on those aspects of morality, attention to duty, forthrightness and self-restraint which are usually associated with the accepted definition of 'good moral character."' 806 N.E.2d at 501 citing In re Davis, 313 N.E.2d 363 (Ohio 1974). Cvammen was effectively permanently disbarred prior to ever being admitted to sit for the bar exam.
Integrity, truthfulness, candor and sobriety should be the hallmarks of the legal profession. This Court, in reviewing the report of the Committee, should not substitute its own conclusions for those of the Committee except where they are clearly erroneous. That is not the case in this situation.
Certainly, it would be hoped that a candidate for admission to the bar with a troubled background can be rehabilitated over time. It is only common sense that recovery from a long history of ethical, alcohol or other problems is rarely quick or easy. The potential for relapses is always present. It is difficult to see how effective rehabilitation could occur simultaneously with the establishment of a law practice that involves direct contact with clients for legal services.
Under all the circumstances, I must agree with the decision of the Committee that the movant has not established the necessary burden of proof. Thus, admission should be denied at this time.
Cooper and Graves, JJ., join this dissenting opinion.
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