In re Healey

654 A.2d 705, 1995 R.I. LEXIS 41, 1995 WL 68983
CourtSupreme Court of Rhode Island
DecidedFebruary 20, 1995
DocketNo. 95-14-M.P.
StatusPublished

This text of 654 A.2d 705 (In re Healey) 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 Healey, 654 A.2d 705, 1995 R.I. LEXIS 41, 1995 WL 68983 (R.I. 1995).

Opinion

OPINION

PER CURIAM

This matter comes before the court in respect to an application for admission to the Rhode Island bar filed October 22, 1993 by Martin F. Healey (petitioner), who passed the Rhode Island bar examination in 1982 but did not complete the clerkship requirement that was then in force. Consequently he was not admitted to the bar of the State of Rhode Island. The petitioner is a member of the bar of California (inactive) and is also a member of the bar of the Commonwealth of Massachusetts in good standing.

The petitioner was engaged as chief prosecutor by the Rhode Island Ethics Commission (commission) in May 1993 and began actual employment for the commission on July 12, 1993.

Pursuant to his application for admission, petitioner was given a hearing before the Committee on Character and Fitness (committee) of this court on January 26,1994. In the course of this hearing, committee members took testimony from the Chief Disciplinary Counsel, then Mary Lisi, Esquire, and her assistant trial counsel, David Curtin, Esquire. The committee was particularly concerned with an issue that had been earlier raised by Chief Disciplinary Counsel on October 20, 1993 at a meeting in the office of Chief Disciplinary Counsel. At that time Chief Disciplinary Counsel suggested to petitioner that his activities as chief prosecutor for the commission probably involved the practice of law. The precise statements [706]*706made at the interview are not available to us since the interview was not recorded. However, from testimony given before the committee on January 26, 1994, it appears that Chief Disciplinary Counsel believed that these activities, including the rendering of opinions on probable cause to the commission, constituted the practice of law.

The Executive Director of the Rhode Island Ethics Commission, Sara Quinn, Esquire (Quinn), also was present at the meeting. She was of the opinion that petitioner’s activities did not constitute the practice of law. One of the issues to be determined by the court is whether petitioner concurred that his activities constituted the practice of law or whether he maintained that they were only the formulation of probable cause recommendations to the commission of a type that police officers might make in the application for search and arrest warrants.

Following this discussion, the Executive Director of the Rhode Island Ethics Commission applied to the Acting Chief Justice of this court for an order granting petitioner admission to the Rhode Island bar, pending his formal admission, so that petitioner could carry out his duties with respect to proceedings before the commission. Our rules regarding admission of attorneys, however, make no such provision for admission to the bar on a limited basis unless the applicant is an employee of a federally funded agency. Instead, an order was issued allowing petitioner, pending his formal admission to the bar, to represent the commission in all matters before that body and allowing him to appear in Superior Court and Supreme Court pro hoc vice in respect to all matters arising out of the business of the commission. This order was entered on November 2,1993.

Following the hearing on January 26,1994, the committee made a recommendation to this court dated May 3, 1994 in which it proposed that petitioner’s application for admission to the bar be delayed for a period of four months and that during that period his authorization to appear pro hoc vice on commission business be revoked. As part of its communication to petitioner notifying him of its preliminary findings, the committee invited petitioner to appear before it again and to present any further argument or information which he might deem appropriate in support of his application. Both petitioner and the committee made preparations for an eviden-tiary hearing, but such a hearing was ultimately waived by both petitioner and the committee.

On November 2, 1994, the committee met and considered additional evidence — affidavits and a memorandum submitted by petitioner and thereafter changed its preliminary findings in part. The new findings were set forth in a letter directed to the members of the court dated December 2,1994 and are as follows:

“1. Mr. Healey presented affidavits from himself and three witnesses: Mr. Yesser, and Ethics Commission members Stephen Famiglietti, Esq. and Richard MorsiUi. All three witnesses indicate in their affidavits that Mr. Healey was not rendering legal opinions or advice to the Ethics Commission at any time prior to October 22,1993, when he filed his application for admission to the Bar. They also support Mr. Healey’s assertions that he was diligently pursuing the application process between July and October 1993. All three note, as do the references and character letters submitted on Mr. Hea-ley’s behalf, that Mr. Healey’s character and fitness to practice are ‘beyond question.’
“Based on these affidavits, a majority of the Committee on Character and Fitness now feels that at the time of Mr. Healey’s appearance before the Committee in January 1994, he may have possessed a good faith belief that he had not been engaged in the unauthorized practice of law with respect to his Ethics Commission duties.
“2. The Committee also accepts Mr. Healey’s assertions of diligence in pursuing the application process based on the conversations and actions related as having occurred generally between July and October 1993 in the three witness affidavits. “However, the most critical and determinative issue that faced this Committee has remained untouched by the affidavits, and because of this our recommendation to you has not changed as a result of the revela[707]*707tions contained in the affidavits. As detailed in our letter of May 3, 1994, the testimony of then Chief Disciplinary Counsel, Mary Lisi, regarding the substance of her meeting with Mr. Healey and Ms. Quinn on October [20], 1993, and that of Mr. Healey concerning that meeting were directly contradictory and adverse. Mr. Healey seeks to minimize this issue by calling it the result of a mere difference of ‘interpretation’ or ‘recollection,’ but this Committee, which heard the testimony of Ms. Lisi and Mr. Healey and evaluated the credibility and demeanor of each, cannot accept this. Mr. Healey presented no evidence to change the opinion of any Committee member on this crucial point.”

As a result of these revised findings, the committee again recommended that petitioner’s admission to the bar be delayed for a period of four months from and after the consideration of the recommendation by this court and that meanwhile his pro hoc vice authority to appear before the commission and to represent the commission before the Superior and Supreme Courts should be revoked.

After receiving the recommendations of the committee, this court afforded an opportunity to petitioner to appear in order to show cause why the recommendations of the committee should not be implemented as presented to the court. The petitioner appeared before the court. At that hearing the Chairman of the Committee on Character and Fitness, Michael S. Schwartz, Esquire, was also present. The petitioner outlined his version of the events that had taken place from the time of his employment with the Rhode Island Ethics Commission and particularly his recollections concerning his meeting with Chief Disciplinary Counsel on October 20, 1993. He steadfastly maintained that in his opinion, he had not been practicing law prior to obtaining

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654 A.2d 705, 1995 R.I. LEXIS 41, 1995 WL 68983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-healey-ri-1995.