In re Ronwin

680 P.2d 107, 138 Ariz. 576, 1983 Ariz. LEXIS 281
CourtArizona Supreme Court
DecidedJuly 6, 1983
DocketNos. SB-52-8, SB-52-9
StatusPublished
Cited by15 cases

This text of 680 P.2d 107 (In re Ronwin) is published on Counsel Stack Legal Research, covering Arizona 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 Ronwin, 680 P.2d 107, 138 Ariz. 576, 1983 Ariz. LEXIS 281 (Ark. 1983).

Opinion

FELDMAN, Justice.

This application for admission to the Arizona Bar has a long, unhappy and complex history.

HISTORY OF PROCEEDINGS

Edward Ronwin (Ronwin) graduated from the College of Law at Arizona State University in January of 1974. He took both the Arizona and Iowa bar examinations during that year. He passed in Iowa, but failed the Arizona examination. He was admitted to practice by the Iowa Supreme Court in June 1974 and is still a member in good standing of that bar.

Ronwin petitioned the Committee on Examinations and Admissions for review of the grading of his examination papers. That petition was denied, as was a similar petition subsequently filed in this court. Certiorari was then denied by the United States Supreme Court. Ronwin v. Committee on Examinations and Admissions, 419 U.S. 967, 95 S.Ct. 231, 42 L.Ed.2d 183 (1974). Ronwin petitioned to retake the bar examination at the July 1974 sitting. Permission was denied because the Com[578]*578mittee on Examinations and Admissions refused to certify that he was “mentally and physically able to engage in active and continuous practice of law” as required by Rule 28(c)(IV), Arizona Rules of the Supreme Court, 17A A.R.S.1 We then appointed a special committee to hold a formal evidentiary hearing regarding the allegations of mental unfitness. This hearing was conducted pursuant to Rule 28(c)(XII)(C). The special committee found that Ronwin suffered from a “personality disorder” which resulted in (a) unreasonable suspicions that persons who dealt with him and did not meet his desires were activated by bad motives and that he was, therefore, the “object of unfair persecution.” As a result, the committee concluded that if admitted, Ronwin would “act upon such imagined wrongs” by: (b) making “irresponsible and highly derogatory untrue public accusations and charges against persons in responsible positions which he knows or reasonably should know are without any factual basis or support ____”; and (c) bringing and pursuing “with great persistence groundless claims in court proceedings and otherwise”, thereby subjecting others to needless expense and concern. The committee decided that in representing others Ronwin would subject his clients, adversaries, opposing counsel and the court to “groundless charges of misconduct and impropriety” if his views regarding the law were opposed and not sustained by the court. On these bases, the committee found Ronwin was not mentally fit for the practice of law and declined to recommend him for admission. Ronwin petitioned this court for review of that finding, seeking leave in the interim to take the Arizona bar examination. Permission to take the bar examination was denied.

After review of the record, we concluded that the committee had properly assessed Ronwin’s personality problems, and that those problems would affect his ability to “reasonably deal with the type of social interaction” required in the practice of law. Application of Ronwin (Ronwin I), 113 Ariz. 357, 359, 555 P.2d 315, 317 (1976), cert. denied, 430 U.S. 907, 97 S.Ct. 1178, 51 L.Ed.2d 583 (1977). We concluded that finding (b) of the committee was sustained, and ordered that Ronwin not be admitted. We did not agree with the committee on ground (c) since we believed that Ronwin had a right to resort to the legal system to “express his grievances where, as in this case, there [was] credible evidence that the actions [filed by Ronwin] were brought with a good faith belief in their merit.” Id. at 360, 555 P.2d at 318 (footnote omitted).

Ronwin applied for permission to take the bar examination in Arizona at various times between February 1977 and February 1980, and each application was denied. The current applications for admission, SB-52-8 and SB-52-92 were supplemented by Ronwin several times at the request of this court. In October of 1981, we ordered that Ronwin be permitted to take the February 1982 bar examination, and reserved the issue of his fitness. Ronwin failed a portion of the February 1982 bar examination, but passed the July 1982 examination.

For reasons which will become apparent later in this opinion, the current applicátions have not been referred again to the committee. The ultimate responsibility for admitting candidates for the practice of law is vested in this court. Ronwin I, 113 Ariz. at 358, 555 P.2d at 316; Application of Levine, 97 Ariz. 88, 91, 397 P.2d 205, 207 (1964); Rule 28(c)(XII)(F)(2). We have determined to discharge that responsibility directly in this case.

We permitted Ronwin to support his applications by a written report from a psychiatrist who had examined him in Iowa. Ronwin also agreed to submit to examination by a psychiatrist and a clinical psychol[579]*579ogist appointed by this court. By subsequent order, we referred the question of fitness to the Honorable Paul LaPrade, a Judge of the Superior Court of the State of Arizona. Pursuant to the order of reference, Judge LaPrade was to act as a master, conduct a hearing and report to this court. Subsequently, Ronwin and counsel appointed by this court to aid the master in making a just determination stipulated to submit the issues to the master on the written record in SB-52-8 and SB-52-9, without an evidentiary hearing. The master’s report was to be based upon the contents of the record in the two petitions, together with the written reports of the psychiatrists and psychologist.

Ronwin then moved for permission to withdraw the stipulation, contending that it limited the master to consideration of those matters in the files of SB-52-8 and SB-52-9 and had contemplated a decision within one week to ten days. Ronwin’s motion for permission to withdraw from the stipulation was denied. The master’s report was filed in this court on November 4, 1982. The master concluded that Ronwin was not mentally fit-for the practice of law. In reaching this conclusion, however, the master went beyond the limits of the stipulation and considered certain pleadings and affidavits signed and filed by Ronwin in various cases in which he was plaintiff and had appeared pro se.3 On Ronwin’s objection, we struck the extraneous matters from the master’s report. Upon further consideration, however, we have concluded that because the master’s report was based upon many evidentiary items which were not within the parameters of the submission by the parties, it would be better for us not to rely upon that report. Since we have the ultimate responsibility for determination of fact and law, Levine, 97 Ariz. at 92, 397 P.2d at 207, we have decided to make an independent review of the record without again referring the matter to a master. Rule 28(e)(XII)(F) contemplates such a procedure.

As we stated in Ronwin I, supra, the practice of law is not a privilege; it is a right. While similar to the right to engage in other occupations, it is subject to regulation to ensure that those who engage in the practice of law have the necessary mental, physical and moral qualities required. Id. at 358, 555 P.2d at 316; see also Schware v. Board of Bar Examiners of State of New Mexico, 353 U.S. 232, 239, 77 S.Ct. 752, 756, 1 L.Ed.2d 796 (1957).

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

Related

In re Robert Grundstein
2018 VT 10 (Supreme Court of Vermont, 2018)
Pusd v. Hon. mcclennen/mckee
Court of Appeals of Arizona, 2014
In re the Disciplinary Proceeding Against Scannell
169 Wash. 2d 723 (Washington Supreme Court, 2010)
In the Matter of Disciplinary Proceeding Against Scannell
239 P.3d 332 (Washington Supreme Court, 2010)
In Re Hamm
123 P.3d 652 (Arizona Supreme Court, 2005)
In Re Peasley
90 P.3d 764 (Arizona Supreme Court, 2004)
MacK v. Cruikshank
2 P.3d 100 (Court of Appeals of Arizona, 1999)
State v. Curry
931 P.2d 1133 (Court of Appeals of Arizona, 1996)
Whitehead v. Comm'n on Jud. Discipline
920 P.2d 491 (Nevada Supreme Court, 1996)
Farm Credit Bank of St. Paul v. Brakke
512 N.W.2d 718 (North Dakota Supreme Court, 1994)
In re Macartney
786 P.2d 967 (Arizona Supreme Court, 1990)
In Re the Appeal in Pima County Mental Health No. MH-959-10-85
716 P.2d 68 (Court of Appeals of Arizona, 1986)
Matter of Ronwin
680 P.2d 107 (Arizona Supreme Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
680 P.2d 107, 138 Ariz. 576, 1983 Ariz. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ronwin-ariz-1983.