In re Morgan

49 V.I. 440, 2008 WL 2329293, 2008 V.I. Supreme LEXIS 4
CourtSupreme Court of The Virgin Islands
DecidedMay 15, 2008
DocketS. Ct. BA No. 2007-125
StatusPublished
Cited by1 cases

This text of 49 V.I. 440 (In re Morgan) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Morgan, 49 V.I. 440, 2008 WL 2329293, 2008 V.I. Supreme LEXIS 4 (virginislands 2008).

Opinion

HODGE, Chief Justice; CABRET, Associate Justice; and SWAN, Associate Justice.

MEMORANDUM OPINION

(May 15, 2008)

This matter is before the Court on Mr. John Carter Morgan’s Application for Admission to the Virgin Islands Bar. For the reasons stated below, the application will be denied.

I. BACKGROUND

Mr. John Carter Morgan, Jr., (“Morgan”) graduated from law school in 1988 and was admitted to the Virginia Bar in 1989. In July, 2006, he sat for and passed the Local Essay Examination and Multi-State Bar Examination (“MBE”) for entry into the United States Virgin Islands Bar.1 On February 26, 2007, he met with the Chairman of the Committee of Bar Examiners (“Committee”) to furnish answers to questions pertaining to his character and fitness to practice law in the Virgin Islands. On May 18, 2007, the Committee, having concerns about Morgan’s character, held a due process hearing where Morgan personally appeared and testified. The subsequent Committee report recommended that this Court deny Morgan’s admission. Morgan responded to the report, through counsel, on October 15, 2007, after this Court granted him a sixty-day extension of time to respond in order to afford him time to retain counsel and present additional arguments.

In its report, the Committee found concern with Morgan’s past troubles with drugs and alcohol in Virginia. In 1983 Morgan was convicted of driving while intoxicated. He was fined and completed the Virginia [442]*442Alcohol Safety Action Program to end the six month suspension of his driver’s license. In 1997 he was convicted of reckless driving, where the initial charge against him was driving under the influence. In December, 2000 he pled guilty to attempted possession of cocaine after he attempted to purchase cocaine from a court appointed criminal defense client. He also pled guilty to possession of cocaine after admitting to the police that cocaine found near his office was his. He was sentenced to two five-year sentences to run concurrently, entirely suspended, with two years of supervised probation to be followed by indefinite unsupervised probation, which was subsequently fixed by the court to ten years. As a result of this conviction he was suspended from the practice of law in Virginia for three years. He also remains subject to probationary status (unsupervised) until 2011.

In July, 2003, Morgan was again charged with driving under the influence, but the charge was reduced because the preliminary breath test result was below the legal blood alcohol limit. He was reinstated to the Virginia Bar in February 2004.

II. DISCUSSION

This Court has jurisdiction over admission to the Virgin Islands Bar. VI. Code Ann. tit. 4 § 32(e) (2007 Supp.). To gain regular admission to the Virgin Islands Bar an applicant must pass a series of examinations consisting of the MBE, Local Essay Examination, Multi-State Professional Responsibility Examination (“MPRE”) and Character Examination and Personal Interview. V.I. S. Ct. R. 204(e).2 Morgan passed the MBE, Local Essay Exam and MPRE. The Committee determined that Morgan failed to prove he was a person of good moral character, noting the felony convictions and that he is on probation until 2011.

This Court aptly set forth the standards applied in determining the moral qualifications of an applicant to the Virgin Islands Bar in In re the Application of Coggin, 49 V.I. 432, 436 (V.I. 2008):

[443]*443A bar applicant bears the burden of establishing his or her moral qualifications by clear and convincing evidence. See VISCR 203(h)(3); V.I. Bar v. Brusch, 49 V.I. 409, 411 (V.I. 2008)....

Although we accord some deference to the Committee’s finding of facts, it is ultimately this Court’s responsibility to determine whether an applicant should be admitted to the V.I. Bar. 4 V.I.C. § 32(e) (2007 Supp.); see also In re Baker, 579 A.2d 676, 680 (D.C. 1990). We are not bound by the Committee’s recommendation that Coggin be denied admission. See Brusch, 49 V.I. at 411; In re Ogilvie, 2001 SD 29, 623 N.W.2d 55, 56 (2001). We review the record de novo. See Brusch, 49 V.I. at 411; In re Application of Oppenheim, 141 N.M. 596, 159 P.3d 245, 251 (2007). Although character examination is subjective in nature, we are guided in our examination of character by the American Bar Association Model Rules of Professional Conduct. See VISCR 203(a).

Pursuant to the Model Rules, it is professional misconduct when a lawyer perpetrates acts of dishonesty, fraud, deceit or misrepresentation. Model Rules of Prof’l Conduct R. 8.7 (2007). “Apattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.” Id. at cmt. 2. Although we focus our review on the applicant’s present moral character, we review past misconduct because it gives us insight into the applicant’s current character. In re Hamm, 211 Ariz. 458, 123 P.3d 652, 657 (2005). An applicant must show that it is “highly probable” that he has the good moral character and fitness to practice law; any doubt is resolved in favor of denying admission in order to protect the public. In re Covington, 334 Ore. 376, 50 P.3d 233, 235 (2002). “Good moral character is traditionally defined as the absence of conduct imbued with elements of moral turpitude,” which include “qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary responsibility, respect for and obedience to the laws of the state and the nation and respect for the rights of others and for the judicial process.” In re Menna, 11 Cal. 4th 975, 47 Cal. Rptr. 2d 2, 905 P.2d 944, 948 (1995) (citations and quotations omitted).

The Virgin Islands does not have a per se rule barring applications for admission or reinstatement petitions from individuals with felony convictions. See VISCR 203(h)(2). However, an attorney convicted of a felony while barred in the Virgin Islands is subject to im[444]*444mediate suspension from the practice of law until final disposition of the disciplinary proceeding. VISCR 203(b)(1). Additionally, a suspension exceeding three months requires court action for reinstatement. VISCR 203(h)(1). Moreover, an attorney disbarred for any reason, including for a recent conviction of a felony, may not seek reinstatement until the passage of five years from the date of disbarment. VISCR 203(h)(2). Thus a candidate for admission to the Virgin Islands Bar who has been convicted of a felony has a high barrier to surmount in order to satisfy the character and fitness requirement for admission.

Our review of . . . application^] is guided by the factors usually considered by courts in reinstatement cases. These factors generally include:

1. The nature and character of the offense or offenses committed;
2. The number and duration of offenses and the sentence as to each;
3. The period of any probation or supervised release term and whether the petitioner’s adjustment to same was satisfactory;

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

Related

In re the Admission of Alvis
54 V.I. 408 (Supreme Court of The Virgin Islands, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
49 V.I. 440, 2008 WL 2329293, 2008 V.I. Supreme LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-morgan-virginislands-2008.