Matter of GLS

586 F. Supp. 375, 1984 U.S. Dist. LEXIS 17877
CourtDistrict Court, D. Maryland
DecidedApril 5, 1984
DocketMisc. 2086
StatusPublished
Cited by10 cases

This text of 586 F. Supp. 375 (Matter of GLS) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of GLS, 586 F. Supp. 375, 1984 U.S. Dist. LEXIS 17877 (D. Md. 1984).

Opinions

MEMORANDUM AND RECOMMENDATION

G.L.S. has applied for admission to the Bar of the United States District Court for the District of Maryland. In his application for admission, he stated that in January, 1968, he was convicted of bank robbery in this Court. On January 23, 1984, a hearing was held before a three-judge panel to determine whether G.L.S. meets the criteria for admission.1

All federal courts have the power to establish requirements for admission to practice before the court. See, e.g., Theard v. United States, 354 U.S. 278, 281, 77 S.Ct. 1274, 1276, 1 L.Ed.2d 1342 (1957); 28 U.S.C. § 1654, § 2071; Fed.R.Civ.P. 83. In exercising its power, this Court promulgated Local Rule 2 which reads in pertinent part:

“It shall be requisite for the admission of any person to practice in this Court that such person shall make written application and be sponsored by a member of the Bar of this Court and shall satisfy the Court that he or she is a member in good standing of the Bar of any Court of the United States, or the highest Court of any State, and that his or her private and professional character is good.”

It is undisputed that G.L.S. has filed a written application; is sponsored by a member of the Bar of this Court; and is a member in good standing of the Bar of the Court of Appeals of Maryland. The question in this case is whether G.L.S. possesses good private and professional character.

Factual Background

The facts of this case are set forth in detail in In re G.L.S., 292 Md. 378, 439 A.2d 1107 (1982). They are summarized here.

After an honorable discharge from the United States Army in 1966, G.L.S. was employed until he was laid off in June, 1967. On October 9, 1967, he, along with two armed men, robbed the Lovettsville Branch of Farmers and Merchants National Bank of Hamilton in Lovettsville, Virginia. G.L.S. pleaded guilty in this Court to the charge of armed robbery and was sentenced to ten years in prison. He was 19 years old at the time. ■

He was incarcerated for a period of six years in several federal penal institutions. On May 17, 1974, he was released on parole.

Upon his release, he enrolled in Morgan State College from which he later received, with honors, a degree in political science. While attending Morgan State, he was married. His parole was successfully terminated approximately 13 months before his sentence expired.

In 1977, he was admitted to the University of Maryland School of Law, having disclosed to the school his conviction for bank robbery. After graduation in 1980, he applied for admission to the Bar of Maryland. The application required G.L.S. to list every place of residence for the previous ten years. He did not list any residence or address for the years he was incarcerated. The application also called for a complete record of all criminal proceedings to which he was a party. In response, the applicant wrote: “11/67 — U.S. Dist. Ct. for the Dis[377]*377trict of Maryland.” He did not describe the nature of the proceedings or the disposition of the case.

After an interview with G.L.S., a member of the Character Committee for the Eighth Judicial Circuit refused to recommend him for admission to the Bar and suggested a full committee review of the case. After a hearing of the Character Committee, which recommended G.L.S. for admission, the State Board of Law Examiners again conducted a full hearing. The State Board also recommended that he be admitted to the Bar. The Court of Appeals of Maryland agreed with the State Board’s determination and ordered that G.L.S. be admitted to the Bar upon successful completion of the requisite bar examination. In re G.L.S., 292 Md. at 398, 439 A.2d 1107. This requirement was met when G.L.S. passed the February, 1983 bar examination.

Legal Analysis

It is well accepted that the highest standards of integrity and conduct must be met before a lawyer can be admitted to the bar of this, or any, court.

“It is a fair characterization of the lawyer’s responsibility in our society that he stands ‘as a shield’ ... in defense of right and to ward off wrong. From a profession charged with such responsibilities there must be exacted those qualities of truth speaking, of a high sense of honor, of granite discretion, of the strictest observance of fiduciary responsibility, that have, throughout the centuries, been compendiously described as ‘moral character.’ ”

Schware v. Board of Bar Examiners, 353 U.S. 232, 247, 77 S.Ct. 752, 760, 1 L.Ed.2d 796 (1957) (Frankfurter, J., concurring). Of course, “the profession of an attorney is of great importance to an individual ____ The right to exercise it ought not to be lightly or capriciously taken from him. [But] it is extremely desirable that the respectability of the bar should be maintained, and that its harmony with the bench should be preserved.” In re Abrams, 521 F.2d 1094, 1099 (3d Cir.), cert. denied, 423 U.S. 1038, 96 S.Ct. 574, 46 L.Ed.2d 413 (1975), citing Ex Parte Burr, 22 U.S. 529, 529-30, 6 L.Ed. 152 (1824) (Marshall, C.J.).

The Court of Appeals of Maryland has considered the issue of this applicant’s moral character and has found him fit to become a member of the Bar of that Court. In re G.L.S., 292 Md. at 398, 439 A.2d 1107. Although “admission to practice before a federal court is derivative from membership in a state bar, the federal courts maintain independent control over admission, discipline, and disbarment of attorneys in the federal courts.” Galahad v. Weinshienk, 555 F.Supp. 1201, 1211 n. 15 (D.Colo.1983); see also Brooks v. Laws, 208 F.2d 18, 22 (D.C.Cir.1953); Petition of Merry Queen Transfer Corp., 269 F.Supp. 812, 813 (E.D.N.Y.1967); Lark v. West, 182 F.Supp. 794, 796 (D.D.C.1960), aff'd, 289 F.2d 898 (D.C.Cir.1961), cert. denied, 368 U.S. 865, 82 S.Ct. 114, 7 L.Ed.2d 63 (1961). Therefore, admission to the Bar of the highest court of Maryland does not automatically require admission to the Bar of this Court.

In its decision in In re Braverman, 549 F.2d 913 (4th Cir.1976), the Fourth Circuit recognized the importance “of symmetry in the standards of qualification of coordinate courts in the same state.” Id. at 914. That court said because “ ‘[t]here is no federal procedure for examining applicants either as to legal ability or moral character ... reliance is placed on prior admission to the bar of a state supreme court.’ ” Id. at 921

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Matter of GLS
586 F. Supp. 375 (D. Maryland, 1984)

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Bluebook (online)
586 F. Supp. 375, 1984 U.S. Dist. LEXIS 17877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-gls-mdd-1984.