In Re Application of Floyd Edmond WEBB, III

58 A.3d 150, 2013 R.I. LEXIS 7, 2013 WL 135857
CourtSupreme Court of Rhode Island
DecidedJanuary 11, 2013
Docket2013-3-M.P.
StatusPublished
Cited by4 cases

This text of 58 A.3d 150 (In Re Application of Floyd Edmond WEBB, III) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island 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 Floyd Edmond WEBB, III, 58 A.3d 150, 2013 R.I. LEXIS 7, 2013 WL 135857 (R.I. 2013).

Opinion

OPINION

PER CURIAM.

The applicant, Floyd Edmond Webb, III, petitioned this Court for a hearing concerning the recommendation of the Supreme Court’s Committee on Character and Fitness (committee) that he be denied admission to the Rhode Island bar. Specifically, the applicant asserts that the committee abused its discretion by neither admitting him to the bar outright, nor recommending conditional admission under Article II, Rule 3(1)(2) of the Supreme Court Rules of Admission of Attorneys and Others to Practice Law. This matter came before the Supreme Court pursuant to an order directing the applicant to show cause why the recommendation of the committee should not be adopted. After considering the applicant’s written and oral submissions, we conclude that cause has not been shown and that this case may be decided without further briefing or argument. For the reasons set forth in this opinion, we adopt the recommendation of the committee.

I

Facts and Procedural History

The applicant graduated from Roger Williams University School of Law in May 2008 and applied to take the bar examination that July. At that time, applicant was interviewed by a single committee member and advised that, if he passed the examination, he would be required to appear before the full committee “due to issues of candor in both the [application and his law school application * * In particular, because applicant admitted in his initial interview that he did not fully disclose all prior arrests and charges, nor fully identify the disposition of those arrests and *152 charges, he was advised to supplement his application to include such disclosure. In July 2009, applicant passed the bar examination on his third attempt. The applicant then appeared before the committee on October 25, 2009, December 21, 2009, February 3, 2010, April 26, 2010, and finally, on June 1, 2010.

Despite being advised to supplement his application “to address the issues raised during the initial interview,” the committee found that the amendment, which applicant filed immediately prior to the October 25 hearing, failed to address those issues. During the hearing, applicant was advised that the committee would send a written request for the additional information. The committee received additional information from applicant and scheduled a second hearing for December 21, 2009. The information provided encompassed thirteen items, including “prior arrests, traffic issues, police incident reports, and civil litigation.”

In addition to two arrests in 1983 and 1998, as well as several traffic violations and incident reports, the committee focused on two confrontations applicant had with the Providence police and one confrontation with the Rhode Island state police. On November 14,1999, applicant was charged with disorderly conduct after arguing with a Providence police officer who was controlling traffic during a road race. The applicant admitted calling the officer “a f* * *ing idiot.” The charge, which applicant mischaracterized as “disturbing the peace,” was dismissed and subsequently expunged. On June 3, 2006, while attending law school, applicant was arrested and charged with vandalism, disorderly conduct, and resisting arrest. The charges stemmed from an incident in which applicant allegedly had tied his dogs to the door handle of a bank, and when Providence police officers removed the dogs, telling applicant that he was obstructing the entrance of the bank, applicant “had a few choice words” for the officers and the situation rapidly deteriorated. The applicant pled nolo contendere to resisting arrest, and the other charges were dismissed. That conviction later was expunged and sealed. In his application, applicant stated that he had been arrested for “disturbing [the] peace” and that the charge had been dismissed; he failed to disclose that he had pled nolo contendere to resisting arrest.

An incident involving the state police occurred on May 24, 2004. The applicant was stopped for speeding, and the incident was recorded by the state trooper’s “MVR tape.” Impatient with the amount of time it was taking for the trooper to return with his ticket, applicant called 9-1-1 to complain. The trooper on the scene described applicant as being “aggressive,” becoming belligerent, and calling the troopers “losers.”

During the December hearing, applicant disputed the accuracy of the police reports and accused the police officers of lying. The committee was unable to complete its review, and scheduled another hearing for February 3, 2009. The committee asked applicant to submit a copy of the police report about an incident on June 3, 2006. When applicant provided the requested incident report, the committee found that it contradicted his prior testimony. The applicant alleged that the report was “a complete misstatement of the facts” by the police.

The committee scheduled hearings on April 26, 2010, and June 1, 2010, to hear testimony from the police officers involved in certain of the incidents that applicant disclosed. In all, seven police officers testified during those hearings. The applicant was represented by counsel, who cross-examined the witnesses, all of whom testified that their reports were accurate. *153 Two of the officers professed vivid recollections of the events in question. Providence police Det. Steven Gencarella, in recounting the incident on June 3, 2008 that resulted in a charge of resisting arrest, stated that he “clearly remembered everything that happened” because “[vjery rarely do we deal with people that act in a way that Mr. Webb acted that day, so they kind of stick out in your mind.” Rhode Island State Trooper Peter Cambio remembered Mr. Webb as one of his “top five [stops;] * * * [t]he worst five that I’ve encountered.”

At the conclusion of the hearing, applicant was questioned about the most recent police incident reports, dated May 6, 2010. The applicant was asked whether he had, in fact, used the term “loser,” and applicant denied making such a statement. When asked whether the use of the term “loser” in two separate police accounts was a coincidence, he replied, “[y]es.” The applicant was advised that he could respond to the police testimony or provide a written submission, which would be due by June 30, 2010. As the meeting was ending, members of the committee said they heard applicant state, “Let’s get out of here. I’ve had enough.” Moments later, applicant denied any memory of making that statement.

In July, applicant’s attorney requested an enlargement of time for the filing of a post-hearing memorandum and withdrew as applicant’s counsel. On July 30, 2010, applicant requested that the committee take no action on his application until he reported to the committee that he had completed counseling for anger management and conflict with authority figures. On September 6, 2010, Barbara Schweitzer, LICSW delivered a letter to the committee stating that applicant had completed counseling sessions with her and that he understood “the source of his anger, and has committed to using learned methods of containing it.” The committee directed applicant to confirm whether he would be retaining new counsel, and gave him until October 29, 2010, to file any additional information.

In a letter received by the bar administrator on October 13, 2010, applicant advised the committee that he had retained new counsel.

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

Related

In re J.M.
Supreme Court of Rhode Island, 2024
In re A.S.
173 A.3d 1280 (Supreme Court of Rhode Island, 2017)
In Re Application of Carlton VOSE
93 A.3d 33 (Supreme Court of Rhode Island, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
58 A.3d 150, 2013 R.I. LEXIS 7, 2013 WL 135857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-application-of-floyd-edmond-webb-iii-ri-2013.