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In re Recommendation of the Board of Bar Examiners for the Conditional Admission of Ogilvie3/7/2001
complete truth. Permitting such an individual to practice law will diminish the integrity and trustworthiness of the South Dakota Bar, lowering public confidence in our profession.
[ .] Another instance related to the Terrill matter that demonstrates Ogilvie's lack of candor relates to his testimony regarding the propriety of attempting to persuade Roper not to testify in the Terrill matter. He was asked: "Do you think it was appropriate for you to tell a potential witness in a trial to, quote, go home to Farmington, New Mexico, closed quote?" Ogilvie responded " t the time I thought it was fine." The most distressing and disturbing fact about this testimony is Ogilvie's status "at the time." He was thirty-nine years old, had taken one year of paralegal studies at National College, had completed a legal ethics class and received the second highest grade, had worked as a paralegal and he knew Roper had been subpoenaed (although he testified otherwise, his personal note discredits his testimony). Yet, he thought it was "fine" to suggest a subpoenaed witness leave the state. This unethical, truth-suppressing conduct is not deserving of the privilege to practice law in South Dakota.
[ .] The Board has twice recommended Ogilvie for conditional admission. It would seem that they are willing to ignore their better judgment. After the second hearing, despite having several concerns whether he had met his burden of proving good moral character, the Board recommended Ogilvie for conditional admission. My question is why? The Board Chair, after announcing they would recommend Ogilvie for conditional admission, stated her concerns on the record as follows " e are concerned with what we believe are several inconsistencies in the record and your history with the DWIs. The conditional admission is not a public situation. The public does not know you have been conditionally admitted."
[ .] If the Board has such grave concerns, which go right to the heart of the determination they are appointed to make, why are they recommending admission? This is especially true if the concerns are legally kept from the public, his potential clients.
[ .] Furthermore, another Board Member felt compelled to express his additional, specific reservations on the record. He was concerned with inconsistent statements about Ogilvie's drug and alcohol report as compared to his bar application. He was also concerned with the personal note from Ogilvie to Roper attempting to dissuade her from testifying in the Terrill matter and Ogilvie's unconvincing explanation. Despite these concerns, this Board member voted for conditional admission. I cannot understand why. Under SDCL 16-16-2.1 " fact reflecting a deficiency of good moral character may constitute a basis for denial of admission."
[ .] It could certainly be argued that the Board would prefer to pass the buck to this Court. That argument finds a great deal of support in the Board's own findings and conclusions of September 9, 1998, following the second hearing. Finding 7 specifically articulates "concerns that arise from the Colleen Roper episode;" in Finding 9 they explain why they find that Ogilvie's explanations "are not entirely satisfactory;" in Finding 10 they identify several issues in which " ertain other doubts are also apparent on this record;" in Finding 14 they reiterate that they have "lingering doubts."
[ .] Then the Board entered Conclusions of Law, which among other things held that "The Board has some doubt as to whether the Applicant has carried his burden regarding good moral character" (Conclusion 3) and that "there are unresolved issues of good moral character" (Conclusion 4). Despite all of these factual and
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