Morris v. Character & Fitness Appeal Board of the Alabama State Bar

519 So. 2d 920, 1988 Ala. LEXIS 33, 1988 WL 8629
CourtSupreme Court of Alabama
DecidedJanuary 8, 1988
Docket86-176
StatusPublished

This text of 519 So. 2d 920 (Morris v. Character & Fitness Appeal Board of the Alabama State Bar) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. Character & Fitness Appeal Board of the Alabama State Bar, 519 So. 2d 920, 1988 Ala. LEXIS 33, 1988 WL 8629 (Ala. 1988).

Opinions

PER CURIAM.

The Committee on Character and Fitness of the Alabama State Bar declined to approve the application of Kathleen Brooks Morris to take the Alabama State Bar Examination. Morris appealed that ruling to the Character and Fitness Appeal Board of the Alabama State Bar, as provided by Rule V, Rules Governing Admission to the Alabama State Bar. Morris appeals to this Court from the adverse ruling of the Character and Fitness Appeal Board. We affirm.

Morris entered Jones Law Institute in September 1982, at which time she executed her sworn application for registration as a law student and filed it with the Secretary of the Alabama State Bar. Morris executed her sworn application for admission to the Alabama State Bar on November 26, 1985.

The Committee on Character and Fitness advised Morris by letter that her application would be reviewed on February 8, 1986, and requested her attendance at the meeting. Enclosed in the letter to Morris was a copy of a letter written by an attorney to the Committee on Character and Fitness containing information unfavorable to Morris regarding her past employment and personal life. The meeting was continued to June 14, 1986, when Morris appeared before Panel One of the Committee on Character and Fitness. On June 19, 1986, the Character and Fitness Committee disapproved Morris’s application to take the July 1986 Alabama State Bar Examination.

Morris appealed the ruling of the Character and Fitness Committee to the Character and Fitness Appeal Board, and a de novo hearing was held before that body on October 3 and 6, 1986. On October 16, 1986, the Character and Fitness Appeal Board denied Morris’s application to sit for the Alabama State Bar Examination, finding “that the applicant has failed to sustain the burden to establish to the reasonable satisfaction of the Character and Fitness Appeal Board that the applicant possesses such character and qualifications as to justify the applicant’s admission to the Bar and qualify the applicant] to perform the duties of an attorney and counselor at law.”

Rule Y of the Rules Governing Admission to the Alabama State Bar provides, in part, as follows:

“From a ruling of the Character and Fitness Committee ... declining to approve the application to take the State Bar Examination or making any finding or ruling adverse to any applicant, an appeal shall lie to the Disciplinary Board of the Alabama State Bar (which, when acting in such capacity, shall be referred to as the ‘Character and Fitness Appeal Board’), if notice of appeal is filed with the Secretary within thirty (30) days after the applicant has been notified of the action of the Character and Fitness Committee. Such appeal shall be heard, de novo, within thirty (30) days after the filing of the notice of appeal or at such time as agreed upon by stipulation between the appellant and the General Counsel. An appeal from a ruling of the Character and Fitness Appeal Board to the Supreme Court of Alabama shall be perfected by filing a notice of appeal [922]*922with the Clerk of the Supreme Court of Alabama within thirty (30) days after the decision of the Character and Fitness Appeal Board. The record on Appeal shall be prepared in accordance with the provisions of Rule 8(d), Rules of Disciplinary Enforcement of the Alabama State Bar.” (As amended effective December 6, 1985.)

The Character and Fitness Appeal Board is empowered by Rule 4(f), Rules of Disciplinary Enforcement, “to handle appeals from rulings of the Character and Fitness Committee, or upon its own motion, to take such action with respect thereto as shall be appropriate to effectuate the purposes of ... the Rules Governing Admission to the Alabama State Bar.” (Rule 4(f), as amended effective December 6, 1985.)

Morris asserts that the proper scope of review for this Court is an independent review of the record that was before the Character and Fitness Appeal Board. In support of that proposition, Morris cites Reese v. Board of Commissioners of the Alabama State Bar, 379 So.2d 564 (Ala.1980), which involved an appeal by an applicant of the decision of the Board of Commissioners of the Alabama State Bar refusing to certify him as a law student. In determining the standard of review to be followed, the Reese Court stated:

“The Board of Bar Commissioners made its decision to affirm the ruling of the Committee on Character and Fitness after considering the record which had been established and furnished to it. In view of this posture of the case, we determine that the proper scope of review of this Court is on the record which was available to the Board of Bar Commissioners. Consequently, we do not indulge in any presumption in favor of the findings by the Committee on Character and Fitness.”

379 So.2d at 567. In Reese, the Board of Bar Commissioners took no additional testimony and considered the transcript of the proceedings before the Committee on Character and Fitness. The posture of the case before us differs from that of Reese, in that in the present case the appeal to the Character and Fitness Appeal Board was heard de novo, without a review of the transcript of the proceedings before the Character and Fitness Committee.

The standard of review applicable to this case is that set out in Hunt v. Disciplinary Board of the Alabama State Bar, 381 So.2d 52, 54 (Ala.1980):

“Under the present rules of disciplinary enforcement, where the members of the Disciplinary Board hear the evidence and observe the demeanor of the witnesses, the Supreme Court, on review, will presume that the Board’s decision on the facts is correct; and the disciplinary order will be affirmed unless the decision on the facts is unsupported by clear and convincing evidence, or the order misapplies the law to the facts.”

This standard is appropriate, given the posture of the case before us and in consideration of the December 6, 1985, amendment of the Rules of Disciplinary Enforcement to include provision for the Disciplinary Board of the Alabama State Bar to sit as the Character and Fitness Appeal Board and to effect the purposes of the Rules Governing Admission to the Alabama State Bar.

Good moral character is a prerequisite for admission to the Bar. Ex parte Thompson, 228 Ala. 113, 152 So. 229 (1933). As recognized in Reese, 379 So.2d at 568, the Alabama State Bar “may require applicants to disclose prior conduct which would have a rational connection or bearing upon an applicant’s ‘good moral character.’ ” Rule V, Rules Governing Admission to the Alabama State Bar, provides:

“The burden is on the applicant to establish to the reasonable satisfaction of a majority of the [Committee on Character and Fitness] that the applicant possesses such character and qualifications as to justify the applicant’s admission to the Bar and qualify the applicant to perform the duties of an attorney and counselor at law.”

Morris produced evidence of good character through the testimony of witnesses at the hearing before the Character [923]*923and Fitness Appeal Board. It was then incumbent upon the Bar to present evidence to rebut the prima facie showing of good character made by Morris. See Reese, supra.

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Related

Konigsberg v. State Bar of Cal.
353 U.S. 252 (Supreme Court, 1957)
Reese v. BOARD OF COM'RS OF ALA. STATE BAR
379 So. 2d 564 (Supreme Court of Alabama, 1980)
Hunt v. DISCIPLINARY BD. OF ALA. STATE BAR
381 So. 2d 52 (Supreme Court of Alabama, 1980)
Ex Parte Thompson
152 So. 229 (Supreme Court of Alabama, 1933)

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Bluebook (online)
519 So. 2d 920, 1988 Ala. LEXIS 33, 1988 WL 8629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-character-fitness-appeal-board-of-the-alabama-state-bar-ala-1988.