Character & Fitness Committee Office of Bar Admissions v. Jones

62 S.W.3d 28, 2001 Ky. LEXIS 222, 2001 WL 1636794
CourtKentucky Supreme Court
DecidedDecember 20, 2001
DocketNo. 2000-SC-0585-OA
StatusPublished
Cited by3 cases

This text of 62 S.W.3d 28 (Character & Fitness Committee Office of Bar Admissions v. Jones) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Character & Fitness Committee Office of Bar Admissions v. Jones, 62 S.W.3d 28, 2001 Ky. LEXIS 222, 2001 WL 1636794 (Ky. 2001).

Opinions

[29]*29 OPINION AND ORDER

LAMBERT, Chief Justice.

On October 1, 1997, Respondent, Lincoln Humphrey Jones, applied to sit for the February 1998 Kentucky Bar Examination. While processing his application, the Committee became concerned with Respondent’s existing student debt status, and, on April 22,1998, Respondent entered into a Consent Agreement which would allow him the conditional privilege to practice law in the Commonwealth once he passed the Kentucky Bar Examination. The agreement provided:

CONSENT AGREEMENT
I, Lincoln Humphrey Jones, hereby agree to the following condition(s) set forth in the Consent Agreement for Conditional Admission to the practice of law in the State of Kentucky. Upon successfully passing the Kentucky Bar Examination, I will abide by the terms of this agreement.
1. During the period of conditional admission, I shall:
(a) Submit proof of payment or, during periods of non-payment submit certification of compliance, on a monthly basis on the William D. Ford consolidation loan.
(b) Provide proof of payment on my William D. Ford Consolidation loan for not less than 12 payments in amounts acceptable to the William D. Ford Loan Program.
2. The Character & Fitness Committee shall monitor the conditions set forth in this Consent Agreement. Any additional costs incurred in the process of monitoring the conditions of this agreement shall be paid by the applicant pursuant to Rule 2.020(6). If I relocate outside of the State of Kentucky during the period of this agreement for any reason, I will continue to abide by the terms of this agreement.
ACKNOWLEDGMENT
I, Lincoln Jones, HAVE READ THIS Consent Agreement and fully understand its contents. I have sought the advice of an attorney or have freely waived the necessity of seeking such counsel prior to executing this Agreement. I hereby freely consent to the terms and conditions contained herein,
/s/ Lincoln Jones

The Committee mailed the agreement to Respondent, and the accompanying cover letter explained:

Attached is the revised Conditional Agreement. Following your departure it was felt that clarification was needed to indicate that the Committee requires: 1). a twelve month period of actual payment in amounts mutually agreed to be[30]*30tween you and the William D. Ford Loan institution and, 2). that any periods of non-payment be pursuant to a process provided for by the Ford Consolidation loan program rather than as a default situation.

Respondent successfully passed the Kentucky Bar Examination and was thus conditionally permitted to practice law in the Commonwealth under this agreement.

On May 31st, July 1st, July 26th, September 7th, October 6th, November 10th, and December 4th of 1998, and January 4th and February 1st of 1999, Respondent mailed substantially identical letters to the Committee Director, each of which contained the very same information. In each letter, Respondent explained that he had not made a payment for that month to the William D. Ford Program, but that no payment was due for that month:

In compliance with my understanding of the terms of my conditional admission agreement, I certify that the following facts are true and correct to the best of my knowledge:
1. This is my [1st, 2nd, 3rd ...] statement, which reports the status of my William D. Ford Consolidation Loan for [month, year]
2. This month I have paid (or will pay prior to the close of the month) $0.00 toward my William D. Ford Consolidation loan.
3. The current status of my Ford Consolidation loan is “Forbearance”.
4.The payment described in Paragraph 2, above, is consistent with my understanding of the Ford Program’s interpretation of compliance with its regulations.
Respectfully submitted
/s/ Lincoln Jones
Under penalties of perjury, I declare that the facts stated in the foregoing statement are complete and true to the best of my knowledge and belief.
/s/ Lincoln Jones

In the September 7,1998 letter, paragraph 3 read:

3. The current status of my Ford Consolidation loan is ‘Forbearance’. (However, the status will change to “In School Deferment” retroactive to August 26th as soon as the paperwork gets completed.)

Paragraph 3 of each of the five subsequent letters read, “3. The current status of my account with the Ford Program is ‘In-School Deferment’.”

On February 21, 1999, the Committee Director wrote Respondent regarding the fact that Respondent had yet to make any payments on the loan and requested an explanation for, and documentation of, the basis for the current “In-School Deferment.” On April 5, 1999, Respondent delivered a letter to the Committee Director which provided this information.

The Character and Fitness Committee of the Office of Bar Admissions (“Committee”) recommends, pursuant to Supreme Court Rule 2.042,1 that this [31]*31Court revoke Respondent’s license to practice law because it alleges that Respondent has failed to comply with the terms and conditions of a conditional admission agreement. Respondent maintains that he complied with the terms of the agreement during its term, but that he is no longer subject to the terms of that agreement. We agree that Respondent’s license to practice law should be revoked.

We understand the Committee’s conclusion and concern that one unable to manage his own debts may present a risk to a fiduciary relationship, nevertheless SCR 2.042 does not authorize the Character and Fitness Committee, the Kentucky Bar Association or this Court to assume sua sponte, the role of a collection agency for student loan creditors. The creditors have adequate remedies at law.

However, Respondent agreed to make payments, and he has not made any payments. SCR 3.3(a)(2) provides that a lawyer shall not knowingly fail to disclose a material fact to the tribunal when disclosure is necessary to avoid a fraud being perpetuated upon the tribunal. As an arm of this Court, the Character and Fitness Committee is a tribunal. Respondent and the Committee dealt at arms length and reached an agreement susceptible to the reasonable interpretation that Respondent would make some payments on his student loan within the next twelve months.

Specifically, paragraph (b) of the agreement required Respondent to make not less than twelve payments in amounts “acceptable to the William D. Ford Loan program.” Respondent attempts to satisfy the above by stating he has paid $0.00 toward the loan. $0.00 is not an amount. $0.00 is nothing.

Respondent’s actions were patently evasive and clearly demonstrate that Respondent had no intention of making actual payments on his debts. Respondent was allowed to practice law in Kentucky only if he took steps to pay off his substantial loan balance. While the nature of this debt may not have been a legitimate concern of the Character and Fitness Committee, he still agreed to make payments.

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Related

In re Jones
819 So. 2d 302 (Supreme Court of Louisiana, 2002)
Turner v. Kentucky Bar Ass'n
78 S.W.3d 134 (Kentucky Supreme Court, 2002)

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Bluebook (online)
62 S.W.3d 28, 2001 Ky. LEXIS 222, 2001 WL 1636794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/character-fitness-committee-office-of-bar-admissions-v-jones-ky-2001.