Florida Board of Bar Examiners re M.L.B.

766 So. 2d 994, 2000 WL 373764
CourtSupreme Court of Florida
DecidedApril 13, 2000
DocketNo. SC95639
StatusPublished
Cited by9 cases

This text of 766 So. 2d 994 (Florida Board of Bar Examiners re M.L.B.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Board of Bar Examiners re M.L.B., 766 So. 2d 994, 2000 WL 373764 (Fla. 2000).

Opinion

PER CURIAM.

Petitioner M.L.B. asks this Court to review the recommendations of the Florida Board of Bar Examiners. We have jurisdiction. Art. V, § 15, Fla. Const. We decline to order M.L.B.’s admission to the bar at this time.

Petitioner M.L.B. was initially denied admission to The Florida Bar in 1997. The denial was based upon the Board’s findings that (1) just before entering law [996]*996school, M.L.B. assisted another person in stealing a large number of compact discs from M.L.B.’s employer and ultimately pled no contest to third-degree grand theft; (2) that M.L.B.’s explanation of this incident on his application for admission to the bar was false, misleading, and lacking in candor because he denied doing anything illegal and stated that his plea was a plea of convenience; and (3) that his testimony before the Board at the investigative hearing was also false because he again denied doing anything illegal.1

M.L.B. filed a new application on June 3, 1998, and on January 23, 1999, a formal rehabilitation hearing was held. On April 15, 1999, the Board issued its recommendation that M.L.B. again be denied admission. In its recommendation the Board found that M.L.B. had failed to provide clear and convincing evidence of several of the elements of rehabilitation specified in Rule 3-13 of the Rules of the Supreme Court Relating to Admissions to the Bar: (1) “unimpeachable character and moral standing in the community”; (2) “personal assurances, supported by corroborating evidence, of a desire and intention to conduct one’s self in an exemplary fashion in the future”; and (3) “positive action showing rehabilitation by such things as a person’s occupation, religion, or community or civic service.” M.L.B. now seeks review of the Board’s recommendation.

An applicant who has been denied admission to The Florida Bar bears the burden of proving rehabilitation by clear and convincing evidence. See Fla. Bar Admiss. R. 3-13. In determining whether M.L.B. has shown sufficient rehabilitation, “[t]he nature and seriousness of the offense are to be weighed against the evidence of rehabilitation.” Florida Bd. of Bar Exam’rs re D.M.J., 586 So.2d 1049, 1050 (Fla.1991). Further, in making this determination, this Court may review the factual underpinnings of the Board’s recommendation by conducting an independent review of the record. See Florida Bd. of Bar Exam’rs re J.C.B., 655 So.2d 79, 80-81 (Fla.1995); Florida Bd. of Bar Exam’rs re R.D.I., 581 So.2d 27, 29 (Fla. 1991).

Here, the Board previously found M.L.B. guilty of serious misconduct. Whether M.L.B. ever acknowledges the record facts within which we must evaluate the propriety of his admission to the bar, he stands convicted of conduct amounting to a violation of trust placed with him by his employer. The theft from his employer occurred just days before he embarked upon his legal education, and the video tape of the actual event was reviewed by the Board.

Due to the gravity of his misconduct, M.L.B.’s burden at the rehabilitation hearing was a heavy one. Most assuredly, reformation and rehabilitation are essential elements of one’s present character and fitness to occupy a position of trust and confidence as a counselor to Florida citizens. However, one having gone so far astray as to engage in serious criminal conduct and breach of trust just days before entering law school and having thereafter demonstrated a further lack of candor must demonstrate behavior and character of the highest level subsequent to the disqualifying conduct in order to clearly and convincingly establish that admission is proper to a profession that requires its members to be absolutely above and beyond suspicion. After consideration, we agree with the Board’s conclusion that M.L.B. failed to prove rehabilitation by clear and convincing evidence and approve its recommendation that he not be admitted to the bar at this time.

A. Unimpeachable character and moral standing in the community.

As to this element of rehabilitation, M.L.B. submitted ten letters and two affidavits from individuals recommending his admission to the bar. Review of these letters and affidavits reveals that, while [997]*997some demonstrate knowledge that M.L.B. was previously denied admission, a majority of them do not demonstrate knowledge of the underlying misconduct and criminal behavior. It is important for those attesting to an applicant’s moral character to be aware of his or her past misconduct, and recommendations from those who are unaware of it may be given less weight. See Florida Bd. of Bar Exam’rs re J.C.B., 655 So.2d 79, 82 (Fla.l995)(noting concern that “most of [the applicant’s] character witnesses did not know why he was disbarred”). When one makes recommendations for an individual’s admission into a profession that demands the highest levels of trust and confidence, it is exceedingly important that the recommendation be viewed only through the scope of knowledge of facts upon which it has been based. Mere knowledge that one has been previously refused admission is far different than knowledge that past criminal conduct was the reason for the denial. Accordingly, the Board correctly discounted the weight given to many of M.L.B.’s letters of recommendation.

M.L.B. also argues that there is other evidence in the record of his character and reputation in the community. However, while his participation in city and neighborhood activities, his reputation for working with children, and his good reputation in law school may reflect favorably upon M.L.B., it was reasonable for the Board to conclude that these items were not clear and convincing evidence of his “unimpeachable moral character and reputation in the community.”

B. Personal assurances, supported by corroborating evidence, of a desire and intention to conduct one’s self in an exemplary fashion in the future.

As to this element, the Board found that M.L.B. displayed a pattern of untruthfulness as shown by the two original “lack of candor” specifications found proven against him2 in combination with and exacerbated by a misleading answer on his bar exam application and untruthful testimony at the rehabilitation hearing. The Board concluded that this pattern of untruthfulness was strong evidence outweighing his personal assurances and any corroborating evidence of his desire and intention to conduct himself in an exemplary fashion in the future. Words of promise ring hollow where there is no recognition of the wrongfulness of the conduct established by the legal record.

In view qf this Court’s recent decision in Florida Board of Bar Examiners re G.J.G., 709 So.2d 1377 (Fla.1998), M.L.B. argues that it is unfair to allow the Board to rely upon the two original “lack of candor” charges in order to establish a pattern of untruthfulness on M.L.B.’s part. In G.J.G., the applicant had been arrested for aggravated assault, but the charges had been dropped. Additionally, he had been accused of cheating on the bar exam. The Board charged G.J.G. in separate specifications of cheating on the bar exam and of falsely denying the wrongful deceptive conduct. Similarly, the Board charged that G.J.G. had committed aggravated assault and had falsely maintained his innocence of that charge. After a formal hearing, the Board found each separate specification proven and disqualifying for admission to the bar. Id. at 1378-79.

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Bluebook (online)
766 So. 2d 994, 2000 WL 373764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-board-of-bar-examiners-re-mlb-fla-2000.