Lawrence v. Van Aken

182 F. App'x 442
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 16, 2006
Docket05-1082, 05-1397
StatusUnpublished
Cited by63 cases

This text of 182 F. App'x 442 (Lawrence v. Van Aken) 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
Lawrence v. Van Aken, 182 F. App'x 442 (6th Cir. 2006).

Opinions

ROGERS, Circuit Judge.

Plaintiff Frank J. Lawrence, Jr., brought suit pursuant to 42 U.S.C. § 1988 against various officials and entities of the State of Michigan, alleging that those individuals unconstitutionally deprived him of admission to the State Bar of Michigan. The district court denied the relief Lawrence sought, and Lawrence now challenges numerous rulings of the district court. We affirm.

I.

Frank J. Lawrence, Jr., graduated from the University of Detroit, an accredited law school in the state of Michigan, and, as required, filled out an “Affidavit of Personal History” prior to sitting for the July 2001 Michigan bar examination. JA 1344. In that affidavit, he truthfully noted that a misdemeanor charge of interfering with a police officer in Bloomfield Township was still pending against him. JA 1347, 1351. As a result, even though Lawrence passed the bar examination, his application for admission to the state bar was not immediately processed, in accordance with Rule A5 of the bar’s Rules of the Standing Committee on Character and Fitness. JA 120. Rule A5 states as follows:

If an applicant has criminal charges pending, the district committee referral should be delayed until the pending proceeding is concluded. An applicant may request that a referral be made prior to the final adjudication of criminal charges, and the request should be granted provided that a district committee report and recommendation does not issue until the criminal matter is concluded.

JA 924.

In connection with his defense against the misdemeanor charge, Lawrence filed suit against Bloomfield Township in both state and federal court, seeking to enjoin the criminal prosecution. JA 1324. Those efforts proved unsuccessful, however, and the matter was scheduled for trial. Months before the start of the proceedings, the township’s attorney, Thomas Ryan, a former president of the State Bar of Michigan, offered to allow Lawrence to enter a plea under advisement. According to Ryan, “Under Michigan procedure, such a plea does not result in a conviction on the defendant’s record, and the charge is dismissed, if the defendant complies with terms set by the court during a specific period of time.” JA 1324. Lawrence rejected the offer. JA 1324.

Over a year later, Lawrence’s attorney approached Ryan immediately before the commencement of the jury trial to discuss the possibility of a “plea under advisement.” JA 1324. Bloomfield Hills District Judge Edward Avadenka was present, but Lawrence was not present. JA 1324. Ryan noted that, although Lawrence had once before rejected such an offer, the township would consider re-extending such leniency if Lawrence found such an option acceptable. At that time, Judge Avadenka also “indicated that, if the [446]*446parties resolved the case with a plea under advisement, he would communicate to the Character and Fitness Committee [of the state bar] that a plea under advisement constitutes a conclusion of the case,” thus permitting the committee to act upon Lawrence’s bar application. JA 1324-25. Lawrence again rejected the offer, however, and the matter proceeded to trial. Lawrence was found guilty of the charge of interfering with a township officer. JA 1317,1325.

A week after his conviction, Lawrence wrote a letter to defendant Diane Van Aken, the manager of the Character and Fitness Department of the State Bar of Michigan, informing her that the criminal charge that had previously held up consideration of his application had been resolved. JA 1317. In that letter, Lawrence accused Judge Avadenka of improperly using Lawrence’s “law license as a bargaining chip” by allegedly offering to speak to the Character and Fitness Committee on Lawrence’s behalf only if Lawrence “dropped the civil case against the Township.” JA 1317.

In light of that inflammatory allegation of judicial misconduct, defendant Nicole Armbrustmacher, an investigator in the Character and Fitness Department, telephoned Judge Avadenka to verify the assertions in Lawrence’s letter. JA 1312. Judge Avadenka explained the actual content of the plea negotiations to Armbrustmacher and stated that while he “did offer to advise the Character and Fitness Committee that the case was concluded, Mr. Lawrence’s law license was not used as a bargaining chip in any way.” JA 1336.

Meanwhile, with the criminal proceedings against Lawrence concluded, the state bar began processing Lawrence’s application. Because of various concerns regarding the plaintiffs litigation history and financial difficulties, the Standing Committee on Character and Fitness referred the application to a district committee to conduct an interview with Lawrence. JA 1397-1400. Lawrence responded by filing a motion for adjournment of the interview, alleging for the first time that, under Michigan law, violations of township ordinances should not be considered criminal cases. JA 1403-04. After the request for adjournment was denied, JA 1410, Lawrence wrote to Van Aken withdrawing his bar application. JA 1411-13.

Lawrence later filed a new complaint in federal district court naming multiple defendants: Rae Lee Chabot, the chairperson of the Michigan Board of Law Examiners, sued only in her official capacity; the Michigan Board of Law Examiners; John Berry, the executive director of the State Bar of Michigan, sued only in his official capacity; the State Bar of Michigan; Maura Corrigan, then the Chief Justice of the Michigan Supreme Court, sued only in her official capacity; Van Aken, sued only in her individual capacity; and Armbrustmacher, sued only in her individual capacity. In the complaint, Lawrence sought declarations that certain rules of the state bar were unconstitutional, that the state bar and the Board of Law Examiners violated Lawrence’s First and Fourteenth Amendment rights to engage in expressive conduct (by challenging his criminal misdemeanor charge), and that Van Aken and Armbrustmacher violated those same rights and his right of personal privacy. He further sought monetary damages from Van Aken and Armbrustmacher. He also sought injunctive relief prohibiting the use of private information or expressive conduct protected by the First and Fourteenth Amendments in determining an applicant’s fitness to practice law within the State of Michigan. Concomitantly, Lawrence also sought to enjoin the Board of Law Examiners and the State Bar of Michigan from interfering [447]*447with his attempts to practice law within the state. JA 11-39.

All defendants eventually filed motions to dismiss with the district court, raising defenses based on various forms of immunity, lack of standing, lack of ripeness, and failure to state claims upon which relief could be granted. JA 40 — 41, 169, 245. Lawrence also filed his own pretrial motion seeking a temporary restraining order and a preliminary injunction based upon his belief that the defendants threatened to chill protected First Amendment freedoms by having no suitable guidelines or procedures to evaluate a bar applicant’s “good moral character.” JA 58.

These various motions were first referred to a magistrate judge for a preliminary report and recommendation.

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182 F. App'x 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-van-aken-ca6-2006.