ILNews

Court sends reminder on permanent withdrawal rules

Back to TopCommentsE-mailPrintBookmark and Share

Note to Indiana attorneys: don’t permanently relinquish your law license in this state unless you’re absolutely sure you won’t ever want to return. If you do, don’t be surprised if you have to take the bar exam again.

That’s the message the Indiana Supreme Court reiterated on Monday, issuing an order in Ronald W. Harmeyer v. State Board of Law Examiners, No. 94S00-1107-BL-4686, that denies a former Fort Wayne lawyer’s request to be readmitted in Indiana without re-taking the bar exam here.

Admitted in 1992, Ron W. Harmeyer began practicing in Indiana and was admitted in Wisconsin in 1996. In late 2008, he submitted an affidavit of permanent withdrawal to the Indiana Supreme Court’s Disciplinary Commission and agreed that he would need to comply with Admission and Discipline Rules 3-21 if he ever wanted to return to practice in Indiana.  His license was relinquished in December 2008.

Under the state’s attorney admission rules, lawyers must take the bar exam and be admitted within two years, or they must take the exam again. Retired attorneys can be readmitted through lesser requirements without retaking the bar exam, but that does not apply in this case. Harmeyer sought and received permanent withdrawal.

On July 11, 2011, Harmeyer called the Indiana Board of Law Examiners to ask about reinstatement and was told he’d either have to retake the Indiana bar exam or seek a provisional or business counsel license to be readmitted. He filed a petition with the Supreme Court that same day requesting a review of the BLE’s final decision, arguing that the state admission rules require a person to take and pass the bar exam here only once and so he shouldn’t have to do so again.

“The phrases ‘final action’ and ‘final determination’ (in Admission and Discipline Rule 14) denote a greater degree of formality than exists in Harmeyer’s situation,” Chief Justice Randall Shepard wrote in the order, noting that the information wasn’t a “final action” as Harmeyer described it.

Harmeyer’s petition is dismissed as procedurally premature. But Chief Justice Shepard added that even if Harmeyer’s petition followed a “final action” from the BLE, the court would likely have denied it because the rules clearly inform attorneys the consequences of permanently relinquishing their law licenses – that includes passing the bar exam again if the lawyer has not secured a provisional or business counsel license.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

ADVERTISEMENT