Opinion
No. 90-598
Submitted June 19, 1990 —
Decided September 12, 1990.
Attorneys at law — Application for admission to bar without examination — Application denied when applicant fails to prove his character and fitness to practice law.
ON FINAL REPORT by the Board of Commissioners on Character and Fitness, No. 39.
This cause arises from the application of Lawrence J.D. Mort for admission to the Bar of Ohio without examination. The application was referred to the Admissions Committee of the Mahoning County Bar Association pursuant to Gov. Bar R. I, Section 8(D). As part of its investigation of Mort's character, fitness and moral qualifications to practice law in Ohio, the admissions committee interviewed Mort and reviewed his application.
In its report filed pursuant to Gov. Bar R. I, Section 10(E), the admissions committee recommended that the applicant be approved for admission with qualifications, concluding that the applicant "has had serious financial, personal and mental problems in the recent past."
In discussing problems associated with Mort's practice of law in the state of New York, the admissions committee cited two admonitions which Mort had received from the New York Supreme Court, Appellate Division, First Judicial Department. The admissions committee also noted that several complaints had been lodged against Mort when he practiced criminal law in New York. Upon review of Mort's personal life, the admissions committee found that Mort had demonstrated an "irresponsible attitude toward life in general and his professional and family life."
Additionally, the admissions committee was "extremely troubled" by a discharge report from Dr. Gerald W. Grumet, the psychiatrist who had treated Mort for a mental disorder in July 1987. The discharge report stated that Mort's primary diagnosis was "probable chronic undifferentiated schizophrenia." The admissions committee recommended an independent evaluation of Mort prior to admission.
Upon Mort's appeal of the admissions committee's qualified approval, the Secretary of the Board of Commissioners on Character and Fitness appointed a panel of three commissioners to hear the appeal. Mort waived his right to a hearing and indicated that the panel could proceed on the basis of the contents of his file. He offered no additional evidence. The panel found that the applicant has the burden of proving his own character and fitness. Since Mort offered no evidence regarding his present mental health, the panel concluded that Mort had not proven his fitness to practice law and recommended to the board that his application be rejected.
At its February 2, 1990 meeting, the board adopted the panel report and recommended to the Supreme Court of Ohio that Mort's application be rejected and that he not be allowed to reapply for admission until six months after February 2, 1990. The board also recommended that when applying for admission in the future, Mort would have the burden of proving his character and fitness to practice law.
Lawrence J.D. Mort, pro se. Robert Budinsky, for Mahoning County Bar Association.
We agree with the board's report and recommendation. In appeals to the Board of Commissioners on Character and Fitness, "[t]he burden of proof in such hearings shall be on the applicant to establish by clear and convincing evidence the applicant's present character, fitness, and moral qualifications for admission to the practice of law in Ohio." Gov. Bar R. I, Section 11(C)(6).
The record shows that Mort sought medical help in July 1987, because he felt severely depressed. At that time, Mort also described paranoid ideas and said he was experiencing auditory hallucinations. Dr. Grumet's discharge report stated that Mort's primary diagnosis was "probable chronic undifferentiated schizophrenia." In a letter to the National Conference of Bar Examiners, dated July 8, 1988, Dr. Grumet stated that he had not seen Mort for one year and that he could not predict his psychiatric prognosis. Aside from personal avowals that he was fit to practice law, Mort offered no evidence demonstrating that he presently had the character and fitness to practice law.
Mort had the burden of establishing that problems associated with his past mental health did not affect his present fitness to practice law. Since he did not meet this burden, the report and recommendation of the board are approved.
Accordingly, the application of Lawrence J.D. Mort for admission to the Bar of Ohio without examination is denied. The applicant may reapply for admission no sooner than six months after February 2, 1990. Should he reapply, he shall undergo further character and fitness examination and produce evidence demonstrating to the board his present character and fitness to practice law. Costs taxed to applicant.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT and RESNICK, JJ., concur.
H. BROWN, J., not participating.