In re Application of Davis

403 N.E.2d 189, 61 Ohio St. 2d 371, 15 Ohio Op. 3d 448, 1980 Ohio LEXIS 675
Ohio Supreme Court·Decided March 26, 1980·No. C.F. No. 74-1·Published·Cited by 8 cases

Opinion

Per Curiam.

This cause arises from the application of Frederick E. Davis, Jr. (applicant), filed May 2, 1973, for registration as a candidate for admission to the practice of law and for permission to take the Ohio Bar examination. Pursuant to Section 9 of Gov. R. I., this application was reviewed by this court’s Board of Commissioners on Character and Fitness. In its report filed with this court on January 15,1974, the board indicated that applicant had plead guilty in 1970 to a felony, and recommended that his application be denied.

[372]*372Upon review of the evidence and recommendation of the board, this court remanded the cause to the board with instructions to reopen the hearing to permit the applicant to demonstrate that, notwithstanding his felony conviction, his present moral character measured up to the standards required of individuals who qualify for admission to practice law in this state. In re Application of Davis (1974), 38 Ohio St. 2d 273, 313 N.E. 2d 363.

Generally speaking, our primary concern in matters referred to us from the Board of Commissioners on Character and Fitness is whether an applicant has satisfied the burden of establishing that high level of moral character and fitness as would entitle him to practice law in this state. Section 9(H) of Gov. R. I. Whether the evidence submitted before the board demonstrates acceptable or unacceptable character and fitness is necessarily a difficult and subjective question. However, we are guided in these proceedings by reflecting upon whether the evidence presented demonstrates that applicant possesses those moral traits of honesty and integrity which would enable him or her to discharge fully and faithfully the duties of our demanding profession. Cf. In re Application of Davis, supra. In the instant cause, we are additionally concerned with whether applicant has demonstrated by clear and convincing evidence that he has become fully and completely rehabilitated since his felony conviction in 1970, Id., and whether his present moral character makes him worthy of admission to practice law in this state.

Pursuant to our remand order in this cause, a hearing was held before the board on January 4,1979, to resolve the above-mentioned issues. During those proceedings, applicant presented evidence which demonstrated that in 1975 he obtained an expungement of his record of conviction,

Free access — add to your briefcase to read the full text and ask questions with AI

In re Application of Davis, 403 N.E.2d 189, 61 Ohio St. 2d 371, 15 Ohio Op. 3d 448, 1980 Ohio LEXIS 675 (Ohio 1980).

403 N.E.2d 189 (In re Application of Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Application of Libretti
2015 Ohio 4338 (Ohio Supreme Court, 2015)
In re Prager
661 N.E.2d 84 (Massachusetts Supreme Judicial Court, 1996)
State v. Bissantz
532 N.E.2d 126 (Ohio Supreme Court, 1988)
Ohio State Board of Pharmacy v. Friendly Drugs
499 N.E.2d 361 (Ohio Court of Appeals, 1985)
In Re Manville
494 A.2d 1289 (District of Columbia Court of Appeals, 1985)
Application of Matthews
462 A.2d 165 (Supreme Court of New Jersey, 1983)