In Re Application of Coll

2017 Ohio 4023, 80 N.E.3d 457, 150 Ohio St. 3d 183
CourtOhio Supreme Court
DecidedMay 31, 2017
Docket2016-1243
StatusPublished
Cited by5 cases

This text of 2017 Ohio 4023 (In Re Application of Coll) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Application of Coll, 2017 Ohio 4023, 80 N.E.3d 457, 150 Ohio St. 3d 183 (Ohio 2017).

Opinions

Per Curiam.

{¶ 1} Applicant, Shamir Lee Coll, of Toledo, Ohio, is a 2015 graduate of the University of Toledo College of Law. He has applied to register as a candidate for admission to the practice of law in Ohio and to take the February 2016 bar exam. Two members of the Toledo Bar Association admissions committee interviewed Coll on November 13, 2015, and the committee issued a provisional and final report recommending that he be approved as to his character and fitness to practice law.

{¶2} On February 19, 2016, the Board of Commissioners on Character and Fitness announced that it would exercise the sua sponte authority conferred upon [184]*184it by Gov.Bar R. I(10)(B)(2)(e) to further investigate Coil’s character and fitness to practice law.

{¶ 3} A panel of the board conducted a hearing on April 28, 2016, at which the inquiry focused on Coil’s failure to detail on a form (“Form 5T”) in the application each moving traffic violation he had received in the ten years immediately preceding his application. Based on its findings that Coll did not provide complete information on his past moving violations and that he made “provocative statements” of his personal beliefs on a supplement to his application that a bar-admissions specialist asked him to submit, the panel recommended that his application be disapproved but that he be permitted to reapply for the July 2019 Ohio bar exam. The board adopted the panel’s findings of fact and recommendations.

{¶ 4} Coll objects to the board’s consideration of statements of his personal beliefs that he made in a supplement to his application (Objection 1); the board’s finding that he has failed to carry his burden of proving his character, fitness, and moral qualifications to practice law (Objections 2 through 4); the timing of the board’s consideration of his application (Objection 5); and the board’s recommendation that he be permitted to reapply for the July 2019 bar exam (Objection 6). The Toledo Bar Association has not filed a brief or otherwise responded to Coil’s objections.

{¶ 5} Based solely on Coil’s failure to provide complete and timely responses and updates to questions on his application to register as a candidate for admission to the bar, we find that he has failed to carry his burden of proving that he currently possesses the requisite character and fitness to practice law in the state of Ohio. Therefore, we disapprove Coil’s pending registration application, but for the reasons that follow, we will permit him to reapply as a candidate for the July 2018 bar exam.

Summary of the Proceedings

{¶ 6} As the board noted, the incidents disclosed in Coil’s application were “relatively benign” and do not raise significant concerns regarding his character or fitness to practice law. For example, as an undergraduate at Bowling Green State University, Coll was cited for disorderly conduct after he argued with campus police officers, who had refused to help him pull his car out of the mud. He pleaded no contest and was ordered to perform five hours of community service.

{¶ 7} Instead, the primary concern of the board and this court is Coil’s failure to provide a complete response to the question on the application that asks whether the applicant has “been charged with any moving traffic violations that were not alcohol- or drug-related during the past ten years” and if so, directs the [185]*185applicant to complete Form 5T. Coll answered the question in the affirmative, and on an initial Form 5T, he provided his full name, Social Security number, and current Ohio driver’s-license number. But the form instructed him to provide additional specific information for each violation, including the name of the law-enforcement agency, the incident location (city, county, state or province, and country), the date of the incident, the charge(s) on the date of the incident, the date of final disposition (month and year), the charge(s) at the time of final disposition, the final disposition, and a description of the incident. Instead, Coll reported that he had had moving violations in “Many Cities, Many Counties, OH,” and he listed only one incident date and one disposition date for a 2012 speeding charge.

{¶ 8} On February 4, 2016, an Ohio bar-admissions specialist e-mailed Coll and informed him that the board had begun meeting to issue final approval for applicants seeking to sit for the February 2016 bar exam. He also informed Coll that the board had requested that he fill out information for each of his prior moving violations on separate Form 5Ts, noting that the information he had previously provided was “not specific enough” and that “[providing this information could affect [his] ability to sit for the bar exam.” Coll e-mailed a response to the bar-admissions specialist, attaching a single Form 5T that provided only his name, Social Security number, and driver’s-license number, along with an abstract driver record from the Ohio Bureau of Motor Vehicles reflecting that he had had no moving violations in the previous three years.

{¶ 9} The next day, the bar-admissions specialist e-mailed Coll again to inform him that the information he had submitted was insufficient because it did not pertain to any specific traffic violations and because the abstract of his driving record covered only three of the ten years at issue. The bar-admissions specialist requested that Coll provide completed Form 5Ts for each violation that occurred during the ten-year period. In response to this second request for supplemental information, Coll sent an e-mail with two Form 5Ts that identified four traffic violations (two in 2008 and two in 2012) and provided some—but not all—of the requested information. Specifically, he failed to state the charges levied against him in the four incidents he identified, the dates of their final dispositions, and the final dispositions of the matters—i.e., the verdicts and sanctions (if any) that were imposed. It is also apparent from the exhibits and testimony Coll offered at the hearing that he had received additional citations that he never disclosed in his application or supplements—including two traffic citations that he received in May and July 2009.

{¶ 10} Another question on the registration application asks, “Have you ever been cited, arrested, charged, or convicted for any violation of any law including as a juvenile (except traffic violations)?” Under Gov.Bar R. I(2)(F), an applicant [186]*186has a continuing duty to update the information contained in the application and promptly report all changes or additions to the Office of Bar Admissions. But Coll failed to timely disclose two fourth-degree misdemeanor charges of undersize fishing and fishing in a closed zone that were pending against him at the time of his April 28, 2016 admissions hearing. He did, however, supplement his application after he was convicted of those offenses on June 3, 2016, and sentenced to ten days in jail (suspended) and two years of probation for each offense, to be served consecutively. The board viewed Coil’s delayed disclosure of these convictions as part of a pattern of nondisclosure that did not speak well of his character and fitness.

{¶ 11} In his testimony, Coll maintained that his registration application was complete because he provided his full name, Social Security number, and driver’s-license number on the initial Form 5T. He argued that pursuant to Gov.Bar R.

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Related

In re Coll
2017 Ohio 6964 (Ohio Supreme Court, 2017)
In Re Application of Callam
2017 Ohio 4361 (Ohio Supreme Court, 2017)
In Re Application of Coll
2017 Ohio 4023 (Ohio Supreme Court, 2017)
Rice v. Kanoza
2012 Ohio 2581 (Ohio Court of Appeals, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
2017 Ohio 4023, 80 N.E.3d 457, 150 Ohio St. 3d 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-application-of-coll-ohio-2017.