Davis, Application of, No. 74-1

CourtUnited States State Supreme Court of Ohio
Writing for the CourtPER CURIAM; CELEBREZZE
Citation403 N.E.2d 189,61 Ohio St.2d 371
Parties, 15 O.O.3d 448 In re APPLICATION OF DAVIS. C.F.
Docket NumberNo. 74-1
Decision Date26 March 1980

Page 371

61 Ohio St.2d 371
403 N.E.2d 189, 15 O.O.3d 448
In re APPLICATION OF DAVIS.
C.F. No. 74-1.
Supreme Court of Ohio.
March 26, 1980.

Frederick E. Davis, Jr., pro se.

Theodore T. Twynham, Columbus, for the Columbus Bar Association.

PER CURIAM.

This cause arises from the application of Frederick E. Davis, Jr. (applicant), filed May 2, 1973, for registration as a candidate for admission to the practice of law and for permission to take the Ohio Bar examination. Pursuant to Section 9 of Gov.R.I., this application was reviewed by this court's Board of Commissioners on Character and Fitness. In its report filed with this court on January 15, 1974, the board indicated that applicant had plead guilty in 1970 to a felony, and recommended that his application be denied.

Page 372

Upon review of the evidence and recommendation of the board, this court remanded the cause to the board with instructions to reopen the hearing to permit the applicant to demonstrate that, notwithstanding his felony conviction, his present moral character measured up to the standards required of individuals who qualify for admission to practice law in this state. In re Application of Davis (1974), 38 Ohio St.2d 273, 313 N.E.2d 363.

Generally speaking, our primary concern in matters referred to us from the Board of Commissioners on Character and Fitness is whether an applicant has satisfied the burden of establishing that high level of moral character and fitness as would entitle him [403 N.E.2d 190] to practice law in this state. Section 9(H) of Gov.R.I. Whether the evidence submitted before the board demonstrates acceptable or unacceptable character and fitness is necessarily a difficult and subjective question. However, we are guided in these proceedings by reflecting upon whether the evidence presented demonstrates that applicant possesses those moral traits of honesty and integrity which would enable him or her to discharge fully and faithfully the duties of our demanding profession. Cf. In re Application of Davis, supra. In the instant cause, we are additionally concerned with whether applicant has demonstrated by clear and convincing evidence that he has become fully and completely rehabilitated since his felony conviction in 1970, Id., and whether his present moral character makes him worthy of admission to practice law in this state.

Pursuant to our remand order in this cause, a hearing was held before the board on January 4, 1979, to resolve the above-mentioned issues. During those proceedings, applicant presented evidence which...

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9 practice notes
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...Act, 361 So.2d 424 (Fla. 1978); In re Majorek, 508 N.W.2d 275 (Neb. 1993); In re McLaughlin, 675 A.2d 1101 (N.J. 1995); and In re Davis, 403 N.E.2d 189 (Ohio 1980). Requiring disclosure of arrests, even if a state court has ordered expungement, does not violate a constitutional right to pri......
  • Part II
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...Act, 361 So.2d 424 (Fla. 1978); In re Majorek, 508 N.W.2d 275 (Neb. 1993); In re McLaughlin, 675 A.2d 1101 (N.J. 1995); and In re Davis, 403 N.E.2d 189 (Ohio 1980). Requiring disclosure of arrests, even if a state court has ordered expungement, does not violate a constitutional right to pri......
  • Prager, Matter of
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 15, 1996
    ...James G., 296 Md. 310, 314, 462 A.2d 1198 (1983); Matter of Strait, 120 N.J. 477, 489, 577 A.2d 149 (1990); In re Application of Davis, 61 Ohio St.2d 371, 372, 403 N.E.2d 189 (1980) (Davis II ); Matter of Rowell, 305 Or. 584, 588, 754 P.2d 905 (1988). But see In re Manville, 538 A.2d 1128, ......
  • In re Manville, No. 84-1362.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • June 28, 1985
    ...24. In re Application of Matthews, 462 A.2d at 176; In re Application of Cason, 294 S.E.2d at 522-23; In re Application of Davis, 61 Ohio St.2d 371, 403 N.E.2d 189, 191 (1980) (per curiam); see In re Petition of Diez-Arguelles, 401 So.2d at 25. In re Application of Matthews, 462 A.2d at 176......
  • Request a trial to view additional results
7 cases
  • Prager, Matter of
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • February 15, 1996
    ...James G., 296 Md. 310, 314, 462 A.2d 1198 (1983); Matter of Strait, 120 N.J. 477, 489, 577 A.2d 149 (1990); In re Application of Davis, 61 Ohio St.2d 371, 372, 403 N.E.2d 189 (1980) (Davis II ); Matter of Rowell, 305 Or. 584, 588, 754 P.2d 905 (1988). But see In re Manville, 538 A.2d 1128, ......
  • In re Manville, No. 84-1362.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • June 28, 1985
    ...24. In re Application of Matthews, 462 A.2d at 176; In re Application of Cason, 294 S.E.2d at 522-23; In re Application of Davis, 61 Ohio St.2d 371, 403 N.E.2d 189, 191 (1980) (per curiam); see In re Petition of Diez-Arguelles, 401 So.2d at 25. In re Application of Matthews, 462 A.2d at 176......
  • Matthews, Application of
    • United States
    • United States State Supreme Court (New Jersey)
    • July 21, 1983
    ...definition, underscore the critical importance of integrity in their understanding of good character. In re Application of Davis, 61 Ohio St.2d 371, 403 N.E.2d 189, 190 (1980) (integrity and honesty are essential); Application of Allan S., 282 Md. 683, 387 A.2d 271, 275 (App.1978) (nothing ......
  • In re Libretti, No. 2014–1555.
    • United States
    • United States State Supreme Court of Ohio
    • October 22, 2015
    ...972 N.E.2d 580, ¶ 16, let alone that the applicant will never possess the necessary character, see In re Application of Davis, 61 Ohio St.2d 371, 403 N.E.2d 189 (1980) (approving, over the recommendation of the Board of Commissioners on Character and Fitness, an applicant who had been convi......
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