In re Corrigan

546 N.E.2d 1315, 47 Ohio St. 3d 32, 1989 Ohio LEXIS 299
CourtOhio Supreme Court
DecidedNovember 29, 1989
DocketNo. 89-673
StatusPublished
Cited by9 cases

This text of 546 N.E.2d 1315 (In re Corrigan) 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 Corrigan, 546 N.E.2d 1315, 47 Ohio St. 3d 32, 1989 Ohio LEXIS 299 (Ohio 1989).

Opinions

Per Curiam.

The panel and the board based their recommendations on the protracted nature of Corrigan’s cheating, her lack of candor at the hearing before the panel, and her failure to fully inform her character references of the charges against her. Corrigan objected to the recommendation. Before this court she contended that (1) the hearing was unduly adversarial and focused on past misconduct instead of present character thereby “taint[ing]” the panel’s recommendation, (2) her “trial” counsel was ineffective and should have advised her to withdraw her current application, among other things, so that she could later establish her rehabilitation, (3) she did not lack candor at the hearing — the panel was merely confused — and (4) the recommendation is too harsh because the sanction is permanent unlike the punishment of many attorneys who receive only indefinite suspension for equally grievous misconduct. We address these contentions serially.

First, we find that the hearing before the panel was somewhat adversial because, necessarily, it was primarily concerned with her recent, admitted misconduct at the bar examination rather than with any total conduct over a lengthy period. This is appropriate under the circumstances.

In In re Application of Davis (1974), 38 Ohio St. 2d 273, 67 O.O. 2d 344, 313 N.E. 2d 363, we stated:

“The paramount concern in proceedings before the Board of Commissioners on Character and Fitness is whether the Applicant possesses those moral traits of honesty and integrity which enable him to fully and faithfully discharge the duties of our demanding profession. We view such proceedings as being different from the adversary contest associated with, for example, disciplinary cases. A hearing to determine character .and fitness should be more of a mutual inquiry for the purpose of acquainting this court with the applicant’s innermost feelings and personal views on those aspects of morality, attention to duty, forthrightness and self-restraint which are usually associated with the accepted definition of ‘good moral character.’ Such a view commands the utmost in cooperation between the applicant and the board, and leaves little room for the employment of doctrines which work to keep relevant information from the board. Although those devices are valid and proper in many instances, they should not be invoked before a body whose sole function is to fully determine all the facts which can logically reflect upon the wisdom of admitting an applicant with a questionable background to the practice of law.” (Emphasis added.) Id. at 274-275, 67 O.O. 2d at 345, 313 N.E. 2d at 364.

In that case, a 1973 applicant for admission to the practice of law had been indicted for burglary and grand larceny in 1969, had pled guilty to grand larceny in 1970, and had been sentenced to five years’ probation in 1971 on condition he drop out of law school. Attempting to focus on this criminal past, the board called as a witness the attorney who had represented Davis in the criminal proceedings. Davis invoked the attorney-client privilege, and the board respected it. That is the context in which we suggested, generally, that admissions cases should be nonadversarial. The case does not suggest that the board should refrain from asking penetrating questions about known past misconduct; in fact it suggests the opposite.

In this case, counsel for the Board [35]*35of Bar Examiners and members of the panel questioned Corrigan closely on the events of and her feelings during and about the cheating incident. They questioned her even more closely when her initial answers seemed equivocal or evasive. This was totally within the spirit of Davis and is therefore appropriate. Corrigan’s first objection is meritless.

Second, it may have been wiser procedurally for Corrigan to withdraw her current application and apply herself to interim activities that would establish her rehabilitation. However, we do not define the decision not to do so as ineffective assistance of counsel. Moreover, there is no guarantee that the withdrawal of her current application would have been effective. Gov. Bar R. I does not give an applicant a specific right to avoid the results of an investigation by withdrawing his or her application. Section 9(B)(2)(e) of the rule permits the Board of Commissioners on Character and Fitness to “* * * at any time prior to an applicant’s admission to the practice of law, investigate sua sponte the applicant’s character, fitness, and moral qualifications.” The rule does not require the board to let evidence of incidents such as this grow stale because an applicant withdraws and reapplies later. In any case, Corrigan did not withdraw her application, and the Board of Commissioners on Character and Fitness properly heard the matter on referral from the Board of Bar Examiners. Corrigan’s second objection is meritless.

Third, Corrigan argues that the panel and board misunderstood part of what she was saying at the hearing and incorrectly took her answers for lack of candor. Specifically, she maintains that the answers shown on her answer sheet were the product of her own thought, despite the several hours she spent copying applicant 306’s answers and attempting to and succeeding at correlating his questions with hers, because she could never ascertain for any question, even though correlated, whether 306’s lettered answers, “(A),” “(B),” “(C),” etc., were in the same order as hers.

It is more likely that the panel disbelieved rather than misunderstood this claim. Against the claim was the evidence that Corrigan’s and 306’s answers to the first eighty-six questions were the same seventy-five times and that erased numbers in Corrigan’s test booklet corresponded to 306’s question numbers. Moreover, even if the claim were true, it would not diminish her culpability, which she ultimately admitted. Finally, .there were other examples of her lack of candor. For example, when she was questioned by counsel for the Board of Bar Examiners about markings in her test booklet, she stated:

“Q. Now, looking at questions 101 and 102, there is a C and A written above these two questions. Did you write that there?
“A. Yes.
“Q. Do you remember why you wrote that there?
“A. No.
“Q. Looking at page 4 and 5, the letter D is above 103 and letter C above 104. Did you write that?
“A. Yes.
“Q. Above 105 and 106 there are lines, heavy lines, drawn. Did you make those?
“A. Yes.
“Q. Do you know why you did that?
“A. No. I assume that I made these marks because it’s my book. I don’t remember exactly making them or I don’t remember exactly why.
“Q. Can you make out what has been erased above 114?
“A. It looks like an 11.
[36]*36“Q. Could it be a 16?
“A. Yes.
“Q. Do you recall writing numbers and then erasing numbers on your booklet?
“A. I did obviously. I just don’t recall it, no. I mean, I did it but —
“Q. Okay.

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Cite This Page — Counsel Stack

Bluebook (online)
546 N.E.2d 1315, 47 Ohio St. 3d 32, 1989 Ohio LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-corrigan-ohio-1989.