Ex parte Weinberg

201 So. 2d 38, 281 Ala. 200, 1967 Ala. LEXIS 924
CourtSupreme Court of Alabama
DecidedJune 22, 1967
Docket3 Div. 240
StatusPublished
Cited by5 cases

This text of 201 So. 2d 38 (Ex parte Weinberg) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte Weinberg, 201 So. 2d 38, 281 Ala. 200, 1967 Ala. LEXIS 924 (Ala. 1967).

Opinion

HARWOOD, Justice.

This is a proceeding seeking to have reviewed the action of the Board of Commissioners of the Alabama State Bar denying David R. Weinberg the right to take the bar examination looking toward his being licensed as an attorney and admitted to the bar of Alabama.

On 14 February 1962, Weinberg executed and duly filed with the State Bar Association his application to register as a law student. Such registration is required under the rules of the Alabama State Bar of those students intending to take the bar examination for admission to the bar of this state.

Question 6 of this registration reads:

“Have you ever been charged with violating any State or Federal law, or City Ordinance? If so, state the facts fully on separate sheets, giving dates, places and outcome. Note: Minor traffic violations need not be shown.”

To this question Weinberg answered, “None.”

This questionaire, and answers thereto, purports to have been sworn to before a notary public.

In June 1966, Weinberg filed with the Alabama State Bar a sworn application looking toward his being permitted to stand the bar examination. Question 11 of this application is:

“Have you ever been a party or otherwise involved in any legal proceeding, civil or criminal?”

To this question Weinberg answered, “Yes,” and attached a separate sheet in explanation of this affirmative answer, as follows:

“The Records show
“(1) I was arrested on a Bastardy Warrant in 1959. I acknowledged paternity in Juvenile Court the Court Records show I was arrested charged and plead guilty to desertion & non support, sentence suspended to make support payments.
“(2) 2 clients at Fairfield Paint & Body for debts in 1964
“(3) IRS suit for Reinstatement for falsifying job application — I did not intentionally hide the facts in (1) above on said job form. Partially reversed in toto, December 22, 1966.
“(4) B. McCullough, Jr. improper defense Bastardy action & disclosing Bastardy action Pending C C in B’ham— • See your Records trying to settle
“(5) Review Bar decision in S C in Ala would not let me take the Bar exam I will dismiss the suit on about Feb 10, 1966 See your Records Character & Fitness Disapproved application July 20, 1965.”

On 20 July 1965, the Character and Fitness Committee of the Alabama State Bar disapproved Weinberg’s application to sit for the bar examination, and later after a de novo hearing before the Board of Commissioners of the Alabama State Bar that body affirmed the action of the Committee.

Weinberg then instituted a proceeding in this court to review the action of the Board of Commissioners. After a hearing in this court, briefs were requested, and timely filed. After briefs had been filed, Weinberg dismissed the proceedings.

On 4 February 1966, Weinberg filed a second sworn application to stand the bar examination. Again- he answered Question 11 in the affirmative and appended a sheet showing the legal actions in which he had been involved.

This showing is in substance the same as that made in connection with his original application to stand the bar examination, and in the interest of brevity we will not set it forth.

[202]*202' -The -Committee on Character and Fitness, after a hearing, denied this second application. Weinberg again appealed the action of the Committee to the Board of Commissioners which body,- after.a hearing de novo, entered an order approving the action of the Committee.

This appeal is from this second order of the Board of Commissionei's.

' At the' second hearing before -the Board of Commissioners; the record shows that Weinberg sought,to file with the Board numerous documents which he had written but which were not in affidavit form. One of these documents was Weinberg’s “Explanation of Unintentional False Answer On Registration Affidavit in 1962.”

In it he sets forth (a) he did not swear to the application; (b) he had forgotten the bastardy and non support proceedings for he “did not go around thinking of the proceedings as it was an unpleasant matter;” (c) he did not carefully read and understand the question, but understood the question to relate to serious crimes “like stealing, murder, robbery and embezzlement and to criminals. I filled out the form and the Secretary must have signed it, though I did not see her do so.”

Immediate answers to these explanations áre: (a) The application purports to be sworn to and was filed by Weinberg, (b) To suppose Weinberg had forgotten the bastardy and non support proceedings, particularly since he was presumably making regular payments for the support of the child under the suspension of sentence order, would indeed trifle with the intelligence of a reasonable mind, (c) The question to be answered was not limited to serious crimes as enumerated in the explanation.

■ Even so, at the hearing before the Board it was patiently explained to Weinberg that the written documents which he had executed and offered would not be evidence of probative value unless he swore to them. This he refused to do. He was then asked if he would be willing to be sworn before the Board and thereafter affirm the truthfulness of the documents. This offer he also declined, and professed nervousness at appearing before the whole Board. It was thereupon suggested that the meeting recess and that a committee of three members of the Board be appointed to confer with Weinberg during the recess to reassure him and possibly relieve him of his nervousness. This suggestion was adopted.

Upon the reconvening of the Board after the recess, Hon. T. B. Hill, the chairman of the committee appointed to confer with Weinberg, made the following report to the Board:

“Mr. President, your Committee met with Mr. Weinberg upon our adjournment before lunch, and he had this file in there with him. He said he preferred not to appear and testify before the Commission. We told him that he was not required to testify, that we would be very glad to present his evidence to the Commission if he didn’t want to get on the stand, but that we felt like in order for the evidence to be competent, these several statements which he had written out and signed, that they should be sworn to before a Notary and he said, Well, he didn’t believe he wanted to do that, that he didn’t care to swear to them, and we told him that we didn’t feel that it was competent evidence unless they were sworn statements, but that, of course, we would present it to the Commission just in the form that he has presented it. We asked him why he didn’t want to come before the Commission orally or swear to it, and he said he was nervous and that he was frightened and that he felt like he would prefer not to. Then we told him we would be glad to postpone consideration of the matter until after lunch or until tomorrow, or until the next meeting of the Commission, and he said, No, that he would prefer that the matter be submitted in its present form to the [203]

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379 So. 2d 564 (Supreme Court of Alabama, 1980)
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Bluebook (online)
201 So. 2d 38, 281 Ala. 200, 1967 Ala. LEXIS 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-weinberg-ala-1967.