In re Shepard

2015 Ark. 93, 457 S.W.3d 280, 2015 Ark. LEXIS 107
CourtSupreme Court of Arkansas
DecidedMarch 5, 2015
DocketCV-14-0366
StatusPublished
Cited by1 cases

This text of 2015 Ark. 93 (In re Shepard) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Shepard, 2015 Ark. 93, 457 S.W.3d 280, 2015 Ark. LEXIS 107 (Ark. 2015).

Opinion

KAREN R. BAKER, Associate Justice

11 Jerry Hudson Shepard, Jr., petitions this court for readmission to the Bar of Arkansas following his voluntary súrren-der of his Arkansas law license in 2006. Because this case arises under this court’s power to regulate the practice of law, our jurisdiction is proper pursuant to Arkansas Supreme Court Rule 1 — 2(a)(5).

Shepard began practicing law in Arkansas in 1997. From 1997 until 2006, Shepard had no disciplinary actions against him. On September 21, 2006, Shepard voluntarily surrendered his license to practice law in Arkansas and this court accepted his voluntary surrender of license on September 28, 2006. 1 In re Jerry Hudson Shepard, No. 06-1084. Attached to Shepard’s petition to surrender his license was a list of documents placed under seal. 2 |2Shepard’s petition to surrender arose as a result of events that occurred during his representation of a client, Richelle Allred. On or about July 18, 2005, Allred was charged with first-degree murder, tampering with physical evidence, and obstruction of governmental operations in connection with the death of David Harkrider.

On August 18, 2006, the Circuit Court of Carroll County granted Shepard immunity from prosecution concerning the death of David Harkrider. The court also granted Shepard immunity from “prosecution concerning the bribery of witnesses in this matter; the tampering with witnesses in this matter; the intimidation of a witness in this matter; and the introduction of unauthorized articles into the Carroll County Jail.” The grant of immunity arose after Shepard refused to provide testimony to the prosecuting attorney regarding efforts to intimidate George Felice, a potential witness in Allred’s murder trial, and efforts to bribe Billy Garland to provide false exculpatory testimony on All-red’s behalf. According to a statement Garland gave police, Allred offered him $10,000 “to lie for her” and “her lawyer called [Garland],” because the lawyer “didn’t want [Allred] handing [Garland] the money and advised that someone else would call [Garland].” In addition to Garland’s statement, Doug Ray Smith told investigators that he went with Garland to meet someone in a WalMart parking lot and that person gave Garland cash. According to the investigator’s report, Smith advised that Garland “was in jail with a guy and he knew this girl who was the one who did |sit and [Garland] went down and spoke to her lawyer and made some, statements and they paid him $10,000.” The grant of immunity required Shepard to “take the necessary action to voluntarily surrender his law license in both the State of Arkansas and the State of Missouri within thirty (30) days of the entry of this order.”

Thereafter, on September 21, 2006, Shepard petitioned this court to surrender his license. In his pétition, Shepard admitted that he had “engaged in conduct that is a direct and serious violation of Arkansas Rule 8.4(b) (criminal act), 8.4(c) (conduct involving dishonesty), and 8.4(d) (conduct prejudicial to the administration of justice).” In addition, Shepard admitted that his conduct was “of a felony nature” and was “clearly ‘serious misconduct’ as defined in Section 17(B) of the Court’s Procedures Regulating Conduct of Attorneys at Law.” Finally, he admitted that his conduct “clearly constitutes a ‘serious crime’ as defined in Section 2(J) of the Procedures.” As previously stated, this court accepted his petition to voluntarily surrender his license.

In September 2012, Shepard filed his application for readmission to the Bar of Arkansas with the Executive Secretary for the Arkansas State Board of Law Examiners. In his application, Shepard stated that he

surrendered [his] license as a result of having an inappropriate relationship with a client who then attempted to bribe an individual she believed to be a witness. In addition, [his] wife was hospitalized and diagnosed with multiple sclerosis, which confined her to bed for the next six (6) months to a year. [He] was also caring for [their] four young children, which created an environment in which the surrender of [his] law license seemed like the best option for [his] family.

On August 19, 2013, the Executive Secretary forwarded Shepard’s application to the Board’s then acting chairman for additional evaluation. In the letter, the Executive Secretary,Lopined that “questions exist concerning Mr. Shepard’s eligibility for readmission to the Bar of Arkansas,” and therefore, she referred his file to the chairman for “further action” in accordance with Rule XIII of the Rules Governing Admission to the Bar of Arkansas. The letter from the executive secretary stated that if the chairman determined that Shepard was eligible for readmission then he would be “required to file a petition with the Supreme Court seeking the Court’s approval as well, so any such determination by [the chairman] would not be a final disposition.”

The following materials were provided to the chairman in addition to the executive secretary’s letter: Shepard’s application and supporting documents; documents from Arkansas and Missouri relating to Shepard’s surrender and disbarment; letters of reference supporting Shepard’s readmission; letters opposing ' Shepard’s readmission; and a videotaped proffer of Shepard’s testimony at the time he was granted immunity.

By letter dated September 5, 2013,' the chairman informed the executive secretary that he had reviewed Shepard’s application and determined that Shepard was “eligible for readmission upon receiving a passing score on the Arkansas Bar Examination.” On September 9, 2013, the executive secretary notified Shepard of the chairman’s decision. In her letter to Shepard, the executive secretary stated that even if Shepard received a “passing score on the February 2014 Bar Examination, he will still be required to file a motion with the Supreme Court as set forth in paragraph 2 of Section G of Rule XIII.” Shepard subsequently received a passing score on the February 2014 Arkansas Bar Examination. |fiShepard filed his petition for readmission with this court on April 25, 2014.

The standards governing readmission to the Bar are settled and include the principle that the practice of law is a privilege and not a right. In re Petition for Reinstatement of Lee, 305 Ark. 196, 202, 806 S.W.2d 382, 385 (1991). A lawyer who has lost his or her license has the burden of proof at the readmission hearing. Ark. Bar Adm. R. XIII; see also In re Madden, 2012 Ark. 279, at 8, 423 S.W.3d 39, 43. Once a lawyer has lost his or her license to practice law, either through surrender or disbarment, there is a presumption against readmission. In re Petition of Butcher, 322 Ark. 24, 28, 907 S.W.2d 715, 717 (1995). The overriding considerations on the question of readmission are the public interest, the integrity of the bar and the courts with due consideration to the rehabilitation of the petitioner with respect to good moral character and mental and emotional stability. Madden, 2012 Ark. 279, at 8, 423 S.W.3d at 43 (citing In re Petition of Anderson, 312 Ark. 447, 452, 851 S.W.2d 408, 410 (1993)).

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Bluebook (online)
2015 Ark. 93, 457 S.W.3d 280, 2015 Ark. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shepard-ark-2015.