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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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