Layon v. North Dakota State Bar Board

458 N.W.2d 501, 1990 N.D. LEXIS 137, 1990 WL 93111
CourtNorth Dakota Supreme Court
DecidedJuly 6, 1990
DocketCiv. 890393
StatusPublished
Cited by8 cases

This text of 458 N.W.2d 501 (Layon v. North Dakota State Bar Board) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Layon v. North Dakota State Bar Board, 458 N.W.2d 501, 1990 N.D. LEXIS 137, 1990 WL 93111 (N.D. 1990).

Opinions

ERICKSTAD, Chief Justice.

Robert Franklin Layon seeks review of the North Dakota State Board of Bar Examiner’s (Board) negative recommendation for admission to the Bar of North Dakota on the grounds that he lacks the good moral character required for such admission. We accept the recommendation of the Board and deny Layon’s application for admission.

Layon is a 1988 graduate of the California Western School of Law in San Diego. Upon his application for admission to the Bar of North Dakota, an investigation was conducted by the Board. Based upon that investigation, an informal hearing was held on June 15, 1989, attended by Layon and members of the Board. Following that hearing, the Board concluded that although Layon had met academic qualifications and had passed the February 1989 Bar Examination, a negative recommendation was warranted because Layon did not prove that he possessed good moral character. By notice dated June 21, 1989, Layon was advised:

“The Board’s recommendation is based on the information before the Board which shows that your conduct includes inappropriate behavior in the following respects:
1. Unlawful conduct;.
2. It appears you may have made false statements and did not fully disclose information requested in the admission application;
3. Fraud and misrepresentation;
4. Neglect of financial responsibilities;
5. Compulsive gambling (emotional instability).”

On June 27, 1989, Layon requested a formal hearing as provided under Rule 6(B)(2) of the North Dakota Supreme Court Admission to Practice Rules (N.D.R.Adm. [503]*503to Prac.). A formal hearing was conducted on September 20 and 21, 1989. On November 3, 1989, the Board, by written opinion, affirmed its earlier recommendation that Layon not be admitted to the Bar of North Dakota. Layon timely filed a Petition for Review with this Court, seeking review of the above-described decision of the Board pursuant to Rule 6(C), N.D.R.Adm. to Prac., and raised the following issues:

“1. WAS THE APPLICANT DENIED DUE PROCESS OF LAW AS A RESULT OF THE ACTIONS OF THE BOARD AND THE PROCEDURE WHICH WAS FOLLOWED IN THIS MATTER?
“2. DID THE BOARD ERR IN DENYING THE APPLICANT’S MOTION FOR IMMEDIATE ADMISSION TO THE NORTH DAKOTA BAR?
“3. DID THE APPLICANT MEET THE REQUIRED STANDARD OF PROVING HIS PROPER MORAL CHARACTER BY A PREPONDERANCE OF THE EVIDENCE DURING THE HEARING IN THIS MATTER?”

The power to admit persons to practice as attorneys and counselors at law in the courts in this state is vested in the Supreme Court. Section 27-11-02, N.D.C.C. For this reason, we apply the standard of de novo review on the record while still giving some credence to the findings of the Board. The requirements for admission as promulgated by this Court are as follows:

“(A) No person may be admitted to practice as an attorney and counselor at law in this state unless the person:
(1) is at least eighteen (18) years of age;
(2) is of good moral character;
(3) has designated the Clerk of the Supreme Court as the applicant’s agent for service of process for all purposes;
(4) has received a juris doctor or equivalent degree from a law school approved or provisionally approved for accreditation by the American Bar Association;
(5) has complied with either Rule 3 or Rule 4; and
(6) has paid all required fees.”

Rule 1, N.D.R.Adm. to Prac. As the California Supreme Court points out, the requirement that applicants to practice law be of good moral character is a prerequisite to practice law in every state of our country. Pacheco v. State Bar of California, 43 Cal.3d 1041, 239 Cal.Rptr. 897, 741 P.2d 1138, 1139 (1987). That court has defined the term “good moral character” as follows:

“The term ‘good moral character’ has traditionally been defined in California as ‘ “an absence of proven conduct or acts which have been historically considered as manifestations of ‘moral turpitude.’ ” ’ Good moral character has also been defined to include ‘qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary responsibility, [observance] of the laws of the state and the nation and respect for the rights of others and for the judicial process.’ ” [Cite omitted.]

Pacheco, 239 Cal.Rptr. at 898, 741 P.2d at 1139.

Under the review procedures, the applicant has the burden of proof by a preponderance of the evidence. Rule 6(C)(4), N.D. R.Adm. to Prac. Among other things, an applicant is required to submit an application for admission to the Bar of North Dakota. The application is used to assess an applicant’s qualifications in all respects for admission to the Bar. It requires full, true and complete disclosure in all respects to the questions asked. All applicants are warned of the importance of full disclosure:

“I fully understand the following answers and statements are submitted under oath and that failure to answer any question or to make full disclosure of any fact or information may result in denial of my application for admission or subsequent disciplinary proceedings.”

The Board found Layon’s responses to question 16 of the application to be crucial in its investigation. Question 16(a) reads:

“Have you ever been charged with crime or arrested?”

To that, Layon responded “yes.” Question 16(b) reads:

[504]*504“Have you ever been charged with violation of any motor vehicle law (excluding parking offenses)?”

To that, Layon responded “no.” The application also asks for a full explanation of any “yes” responses to question 16. Pursuant to Layon’s response to question 16(a), he added:

“I was a member of the Williston Jaycees and was put in charge of our charitable gambling operations. During that time, there was a shortage of approximately $17,000.00 from that operation. I was charged with Theft of Property. The State of North Dakota vs. Robert Franklin Layon, Williams County, later moved to Ward County, District Court, Irv Nodland was my attorney. I was acquitted at my trial.”

There was no further response to question 16(b) as Layon had answered “no” to that question.

Upon investigation, the Board uncovered eight additional charges which Layon failed to disclose in response to question 16(a):

“1. 07-17-69 — Illegal possession and open container.
“2. 11-17-76 — Aggravated promotion of prostitution and gambling (Texas courts).
“3. 03-31-82 — Forgery.
“4. 06-22-82 — NSF check ($9,172.00).
“5. 08-23-82 — NSF check ($6,800.00).
“6. 09-20-82 — Forgery (2 counts).
“7. 06-07-83 — Theft of property (2 counts).
“8. 01-18-88 — No account check.”

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Layon v. North Dakota State Bar Board
458 N.W.2d 501 (North Dakota Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
458 N.W.2d 501, 1990 N.D. LEXIS 137, 1990 WL 93111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layon-v-north-dakota-state-bar-board-nd-1990.