In re: Frank Lawrence, Jr.

CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 14, 2019
Docket18-1131
StatusUnpublished

This text of In re: Frank Lawrence, Jr. (In re: Frank Lawrence, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re: Frank Lawrence, Jr., (6th Cir. 2019).

Opinion

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0016n.06

Case No. 18-1131

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jan 14, 2019 DEBORAH S. HUNT, Clerk

In Re: FRANK J. LAWRENCE, JR., ) ) ON APPEAL FROM THE Petitioner-Appellant. ) UNITED STATES DISTRICT ) COURT FOR THE WESTERN ) DISTRICT OF MICHIGAN

OPINION

BEFORE: COLE, Chief Judge; SUHRHEINRICH and MOORE, Circuit Judges.

COLE, Chief Judge. Petitioner-Appellant Frank J. Lawrence, Jr. seeks review of the

district court’s decision denying him admission to the bar of the Western District of Michigan.

Because the district court did not abuse its discretion, we affirm.

I.

Lawrence graduated from an accredited Michigan law school and passed the Michigan bar

exam in 2001. See Lawrence v. Chabot, 182 F. App’x 442, 445 (6th Cir. 2006). As part of

Lawrence’s application for a license to practice law in Michigan, he truthfully noted that he had a

pending misdemeanor charge for interfering with a police officer in violation of a Bloomfield

Township ordinance. Id. The facts giving rise to the misdemeanor charge are as follows:

Lawrence’s conviction was for circumstances that took place on August 19, 2000. Lawrence’s brother, Christian Lawrence, called 911 to report that his father, Frank Lawrence, Sr., had struck him with a board. . . . The police arrived at the house and looked in the doorway to see that Christian was in the home holding his eye. Christian stepped outside where paramedics tended to him. Police next ordered Lawrence’s father to exit the home, at which point he was arrested. . . . An officer Case No. 18-1131, In re Lawrence

called to Lawrence to tell him to step outside the home[.] . . . Lawrence refused to exit, stating, “Fuck you,” in addition to citing some case law, and demanding that the officers obtain a warrant before entering. The officer informed Lawrence of the need to check for additional suspects, victims, or evidence, but Lawrence refused to allow entry into the home, and blocked the door by standing in front of it. The officer then pulled Lawrence out onto the porch . . . [and] Lawrence was . . . placed under arrest.

Lawrence v. 48th Dist. Court, 560 F.3d 475, 477 (6th Cir. 2009). As a result of the then-unresolved

charge, Lawrence’s application for a Michigan law license was put on hold pending the conclusion

of the criminal matter. In April of 2002, a jury convicted Lawrence of violating the Bloomfield

Township ordinance. 48th Dist. Court, 560 F.3d at 478. In June of the same year, he was sentenced

to twelve months of non-reporting probation and 500 hours of community service. Id.

Once the criminal charge was resolved, the state bar began processing Lawrence’s

application. Because of “various concerns regarding [Lawrence’s] litigation history and financial

difficulties,” the State Bar of Michigan’s Character and Fitness Committee referred his application

to a district committee to conduct an interview. Chabot, 182 F. App’x at 446. Lawrence filed a

motion to adjourn the interview, arguing that violations of township ordinances should not be

considered criminal cases. His motion was denied, and Lawrence thereafter withdrew his bar

application. Id. He then filed a complaint in federal district court naming a variety of defendants,

including the Michigan Board of Law Examiners (the “Board”), the State Bar of Michigan (the

“State Bar”), and various officials of the Board and the State Bar. See generally id. Lawrence

sought declarations that certain state bar rules were unconstitutional and alleged that the Board

and the State Bar violated his First and Fourteenth Amendment rights in processing his 2001

application. The district court dismissed Lawrence’s claims and this court affirmed. Id. at 445.

In 2003, Lawrence began operating a website called “StateBarWatch.” Lawrence v. Welch,

531 F.3d 364, 366 (6th Cir. 2008). On the website, Lawrence criticized the State Bar and the

Board. Id. For example, Lawrence accused the State Bar’s executive director of plagiarism, -2- Case No. 18-1131, In re Lawrence

alleged that various individuals made false or contradictory statements to courts, and stated that

one member of the Board had previously been arrested and convicted for drunk driving. Lawrence

v. Berry, et al., Case No. 5:06-cv-134, Compl., R. 1, PageID 36–37 (Sept. 8, 2006 W.D. Mich.).

Lawrence also posted on the website that he picketed the law office of a Board member—who was

involved in one of Lawrence’s adverse character and fitness determinations—with a sign that said,

“I do not recommend [the Board attorney].” Id. at PageID 37. He updated the website at various

times, including to make an assertion that “widespread dishonesty and corruption” existed within

the State Bar. Lawrence v. Raubinger, et al., Case No. 1:10-cv-467, Am. Compl., R. 19, PageID

202 (Jan. 18, 2018 W.D. Mich.).

Lawrence reapplied for admission to the Michigan bar in 2004. See Welch, 531 F.3d at

366. As part of the application process, he was interviewed by three members of a State Bar

District Character and Fitness Committee: David H. Baum, Randy A. Musbach, and Sonal Hope

Mithani. Id. During the interview, Lawrence stated “that he had little respect for the Michigan

state court system, and he expressed the view that the federal courts are the ‘guardians of the

constitution’ and that the Michigan state court system fails adequately to protect individuals’

constitutional rights.” Id. After the interview, the committee issued a report and recommendation

to the State Bar stating: “The Committee does not believe that [Lawrence] has shown by clear and

convincing evidence that he currently possesses the requisite good character and fitness to be

recommended to the practice of law in this state.” Id. at 366–67. The committee expressed concern

about licensing “someone who, even before he has handled his first case as a member of the bar,

has effectively written off such a huge component of the justice system.” Id. at 367.

-3- Case No. 18-1131, In re Lawrence

After the committee issued the report and recommendation, Lawrence engaged in a series

of actions:

Lawrence made several communications to the employers of the members of the District Committee. He telephoned the University of Michigan Law School, where Baum was the Assistant Dean of Student Affairs. Lawrence told Baum’s assistant that he wanted to address the student bar association to let them know how poorly he thought he had been treated. Lawrence also sent a letter to a board member of the legal services organization for which Mithani was a director. In the letter, Lawrence stated how poorly he had been treated and how Mithani had manipulated Lawrence’s stated views about the state court system.

Id. at 367.

The report and recommendation was sent directly to the Board, and the Board voted to

accept it. Id. Lawrence thereafter requested a hearing, which was held in April 2006. Id. At the

hearing, Lawrence was questioned about his communications with Baum’s and Mithani’s

employers, and he denied that they were inappropriate. Id. In June 2006, the Board issued an

opinion denying Lawrence’s application for admission. Id. Soon after, Lawrence sent a letter to

a member of the Michigan Civil Rights Commission, discussing what he believed to be the

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