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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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