In re Blackwell

116 Ohio St. 3d 530
CourtOhio Supreme Court
DecidedNovember 15, 2007
DocketNo. 2007-0441
StatusPublished
Cited by4 cases

This text of 116 Ohio St. 3d 530 (In re Blackwell) 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 Blackwell, 116 Ohio St. 3d 530 (Ohio 2007).

Opinion

Per Curiam.

(¶ 1} Rahshann K. Blackwell of Denver, Colorado, is a candidate for admission to the Ohio bar and has applied to take the Ohio bar examination. The Board of Commissioners on Character and Fitness reviewed applicant’s qualifications for admission to the bar after the Board of Bar Examiners disqualified his July 2005 bar exam for his failure to comply with testing protocol. The character and fitness board recommends that we disapprove the applicant because, among other reasons, he is at this time psychologically unfit to enter the practice of law.

{¶ 2} Applicant objects to this recommendation, arguing mainly that his conduct during the bar exam warranted neither the disqualification of his exam results nor an adverse assessment of his character and fitness. We, however, agree that applicant is not now psychologically prepared for the rigors of practicing law. We thus overrule the objections and accept the character and fitness board’s recommendation to disapprove his application to take the Ohio bar exam. We further accept the recommendation that applicant be permitted, on conditions for his psychological treatment and reassessment, to apply to take the bar exam to be administered in February 2009.

I. Events Leading to Review by the Board of Commissioners on Character and Fitness

(¶ 3} Applicant graduated from law school in May 2000. He has taken and failed the Ohio bar examinations administered in July 2000, February 2001, July 2001, and July 2003. His attempts to pass the July 2003 and July 2005 exams each resulted in charges that he violated exam protocol by continuing to write on portions of the exams after the time allotted.

{¶ 4} The case now before us began after the July 2005 exam, when the Board of Bar Examiners received for a second time allegations that applicant may have [531]*531cheated on the test. As background, however, we include in our review the circumstances under which applicant was first charged with this infraction.

{¶ 5} After the July 2003 bar exam, the Board of Bar Examiners conducted a hearing on the charges against applicant. In October 2003, the board disqualified applicant’s answers to five essay questions because he had completed certain segments after time was called. This disqualification prevented applicant from achieving a passing score on the bar exam.

{¶ 6} The character and fitness board then invoked its sua sponte investigative authority pursuant to Gov.Bar R. I(10)(B)(2)(e) and appointed a panel to hear the matter. Applicant presented at that hearing compelling testimony as to his good character and fitness and convinced the panel that he would not repeat the mistakes he had made during the July 2003 exam. The panel thus recommended approval of applicant’s character, fitness, and moral qualifications. In July 2004, the character and fitness board accepted the panel recommendation and approved applicant to apply to take the bar exam again.

{¶ 7} Applicant attempted to apply to take the November 2004 bar exam, but this court’s Office of Bar Admissions rejected his application as incomplete. Applicant next applied to take the July 2005 bar examination. The admissions committee for the Hardin County Bar Association approved applicant’s character, fitness, and moral qualifications, and he sat for the exam. Again, applicant’s test-taking generated a complaint, and four witnesses, including former Supreme Court Clerk Marcia Mengel, reported alleged improprieties to the Board of Bar Examiners.

{¶ 8} Having considered these witness reports, applicant’s statement, and the fact that he had been sanctioned before for the same infraction, the Board of Bar Examiners disqualified applicant’s 2005 bar examination and referred the matter to the character and fitness board for further review.

{¶ 9} In September 2005, the character and fitness board again invoked its sua sponte investigative authority and appointed a panel to hear applicant’s second case. The panel heard the matter in January 2007, after granting two continuances. One continuance occurred at the last minute because the applicant had failed to obtain a promised psychological evaluation until several days before the hearing and because his doctor was unavailable to testify on the hearing date. Another occurred because of applicant’s last-minute request to rehire the lawyer that he had discharged earlier in the proceedings.

{¶ 10} In the meantime, on May 10, 2006, applicant applied to take the July 2006 bar examination. The bar admissions office conditionally approved his application pending timely approval of his character, fitness, and moral qualifications.

[532]*532{¶ 11} In February 2007, the hearing panel recommended disapproval of applicant’s bar-exam application. The panel also recommended that applicant be permitted to reapply to take the February 2009 bar exam, providing that he complies with conditions for his psychological treatment and reassessment. The character and fitness board accepted this recommendation.

II. Evidence Substantiates the Findings of the Character and Fitness Board

{¶ 12} The character and fitness board convened the underlying proceedings primarily to look into the events that led the Board of Bar Examiners to disqualify applicant’s 2005 bar exam. The character and fitness board also warned applicant, however, that “any issues relating to” his character, fitness, and moral qualifications were subject to review. Additional issues did, in fact, arise.

{¶ 13} In addition to his difficulties with taking the bar exam, the character and fitness board learned of several other concerns that implicated applicant’s qualifications for bar admission. As one example, applicant failed to disclose in his July 2005 bar application materials that since his previous application, he had been arrested and charged for traffic offenses and had also been sued. Moreover, applicant suffers from a depressive disorder and has abnormal personality traits that prevent him from fulfilling the essential requirements to engage in the practice of law. Indeed, according to expert testimony, applicant’s problems in applying for and taking the bar examination are manifestations of his psychological profile.

A. Violations of Bar Exam Protocol

{¶ 14} On the first day of the July 2005 bar exam, during the afternoon session, applicant changed a word in his answer to an essay question after having been instructed to stop writing. After the incident, applicant told a proctor that he had finished his answer by correcting a misspelled word after the time allotted. His explanation led the proctor to dismiss the incident as too minor to report.

{¶ 15} Applicant did not then realize that another applicant had reported him that morning and that Mengel had asked Rosey Smith, an employee in the bar admissions office, to observe his actions that afternoon. Smith recalled that when Mengel called time at 3:00 p.m., applicant had stopped writing and had put down his pen. As Mengel had continued to speak, however, applicant had picked up his pen and continued to write. Using a stopwatch, Smith had timed applicant’s writing for an additional 4.45 seconds.

{¶ 16} Paraphrasing from the panel’s report, the board described what happened later that first day of the exam, after all applicants had been excused:

[533]*533{¶ 17} “Ms. Smith was in the proctor room, a restricted area.

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Bluebook (online)
116 Ohio St. 3d 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-blackwell-ohio-2007.