Felons and attorneys

July 9, 2010
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The newest crop of law school graduates are about to take the July bar exam, except for the ones who are convicted felons.

You can’t be a felon and a lawyer in Indiana but if you are already an attorney and commit a felony, you could keep your license.

It doesn’t make sense to me.

Based on Admission and Discipline Rule 12, anyone convicted of a felony “prima facie” shall be deemed lacking good moral character. As you know, you must have good moral character to join the bar. Possibly there have been exceptions to this, but I imagine it’s a high standard to overcome to prove to the character and fitness committee that your felony record won’t affect your ability to be a lawyer.

What if you committed the felony when you were 18 and you are now 30? You’ve paid your time and in the grand scheme of felonies, it was minor and won’t affect your ability to practice law. I guess you’ll have to prove it.

Something must happen once you become a lawyer because if you don’t have a felony in your past, but commit one while an attorney, you could still remain an attorney. Chances are you’ll be suspended, or disbarred if it’s bad enough, but attorneys who commit felonies can retain their admission to the bar.

Why do the standards for good moral character change? If having a felony deems you “prima facie” lacking in good moral character, shouldn’t being convicted of one while an attorney “prima facie” mean automatic disbarment, and shouldn’t the burden of proof be on the felonious lawyer to prove he/she should get to keep his/her law license? The fact that it’s not this way smells like a double standard to me.

But attorney discipline is fluid and it’s hard to concretely say that “if you do X you’ll receive Y as a punishment.” A lot depends on agreements between the lawyer and the Disciplinary Commission. Sometimes attorneys who appear to have committed more serious offenses are given the same or lesser punishment than one who appears to have committed a less serious offense. But that’s the nature of our disciplinary process. What do you think?
 

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  • It is a rigged system
    For proof see how they processed this 12 year attorney from Kansas, admitted to the SCOTUS, cleared by the National Board of Law Examiners, no felonies, one misdemeanor 20 years ago, reference from federal judge William C. Lee .... but politically incorrect due to my religious faith and thus denied "good moral character" or fitness or for some reason. Rotten in Denmark.

    www.archangelinstitute.org (see Orwell post)

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  1. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  2. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  3. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  4. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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