FLORIDA BD. OF BAR EXAMINERS EX REL. RLW, SC00-2111.

• Decision Date: 30 August 2001
• Docket Number: No. SC00-2111.,SC00-2111.
• Citation: 793 So.2d 918
• Parties: FLORIDA BOARD OF BAR EXAMINERS RE R.L.W.
• Court: Florida Supreme Court

793 So.2d 918

FLORIDA BOARD OF BAR EXAMINERS RE R.L.W.

No. SC00-2111.

Supreme Court of Florida.

August 30, 2001.

Richard A. Greenberg, Tallahassee, FL, for Petitioner.

Kathryn E. Ressel, Executive Director, and Thomas A. Pobjecky, General Counsel, Florida Board of Bar Examiners, Tallahassee, FL, for Respondent.

PER CURIAM.

Petitioner asks this Court to review the recommendation of the Florida Board of Bar Examiners that his admission to The Florida Bar be denied. We have jurisdiction. See art. V, § 15, Fla. Const. For the reasons expressed below, we approve the Board's recommendation that R.L.W. not be admitted at this time. Further, we approve the Board's recommendation that R.L.W. be disqualified from reapplying for admission for a period of five years.

FACTS

On April 5, 1996, while a student at Saint Louis University School of Law, R.L.W. executed a student registration with the Florida Board of Bar Examiners. On June 2, 1998, R.L.W. converted the registration to an application for admission to The Florida Bar. During the course of the Florida Board of Bar Examiners' character and fitness investigation, certain items of information reflecting adversely on R.L.W.'s character and fitness were discovered. After an investigative hearing, the Board filed Specifications against R.L.W.

Specification 1(a) alleged that R.L.W. failed to disclose in his Florida Bar application that he had attended Western State University College of Law ("Western State") during spring 1994. Specification 1(b) alleged that R.L.W. failed to disclose his delinquent and outstanding account at Western State in the amount of $1,700.50.

Specification 2 alleged that in his 1998 supplement to his application to The Florida Bar, R.L.W. continued with the failure to disclose his attendance at and past indebtedness to Western State. The Board noted that R.L.W. failed to disclose this information even though a collection agency was handling R.L.W.'s delinquent account during the nine months prior to the execution of the supplement, and the fact that R.L.W. settled his delinquent account by payment of $1400 to Western State University just two months prior to executing the supplement.

Specification 3 alleged that at the investigative hearing before the Board, R.L.W. falsely testified that his reason for not disclosing his attendance at Western State was that he had no recollection of such attendance at the time he completed the application and supplement, notwithstanding the recurrent and recent contact with the collection agency.

Specification 4 addressed R.L.W.'s 1995 application to Saint Louis University School of Law. Specification 4(a) alleged that R.L.W. falsely stated that he had not attended any other colleges or universities. Specification 4(b) alleged that R.L.W. falsely stated that he had not enrolled for classes previously at any other law school. Specification 4(c) addressed a 1999 letter R.L.W. wrote to Saint Louis University pursuant to a request by the Board, wherein R.L.W. informed the university of his prior admission to Western State. The Board alleged that R.L.W. falsely stated in the letter that (i) he had "quickly" decided to withdraw from the school, when he had actually withdrawn six weeks after commencing classes, and (ii) he failed to recall his prior attendance at Western State. In support of the latter allegation, the Board noted that R.L.W. signed his application to Saint Louis University only thirteen months after withdrawing from Western State.

Specification 5(a) alleged that R.L.W. falsely stated on his 1995 "Application for Registration as a Law Student" with the Committee on Character & Fitness of the Board of Commissioners of the Alabama State Bar that he was single when in fact he was married. In 5(b), the Board alleged that R.L.W. left blank that portion of the application which required the applicant to state the date of marriage and the spouse's name.

Specification 6 alleged that R.L.W. in his 1995 "Application and Questionnaire for Registration as a Law Student" with the Committee of Bar Examiners of the State Bar of California failed to disclose his prior attendance at Western State by leaving blank that portion of the application requiring disclosure of "Other Law Schools Attended or Other Law Study Completed."

Specification 7 addressed R.L.W.'s 1997 "Application for Certification of Fitness to Practice Law" with the Supreme Court of Georgia. Specification 7(a) alleged that R.L.W. falsely stated that he had never been divorced, when in fact he was divorced in 1996. Specification 7(b) alleged that R.L.W. failed to disclose that he had submitted an application to The Florida Bar. Specification 7(c) alleged that R.L.W. failed to disclose that he had attended Western State. Specification 7(d) alleged that R.L.W. falsely stated that he had never had an account turned over to a collection agency. Specification 7(e) alleged that R.L.W. further failed to disclose his divorce by falsely stating that he had never been a party to litigation. Specification 7(f) alleged that R.L.W. falsely stated that he had never been charged with a traffic violation, when he had received a speeding ticket in Pomona, California, in 1994. Specification 7(g) alleged that in response to an inquiry from the Georgia Office of Bar Admission, R.L.W. stated that he failed to disclose his attendance at Western State because he "attempted to cancel the enrollment within the first few days," when in fact he had attended classes at Western State prior to withdrawing.

Specification 8 alleged that in his 1998 Graduate Application for Admission to Suffolk University's MBA program, R.L.W. failed to disclose his attendance at Western State.

R.L.W. executed a sworn Answer to Specifications in which he admitted the allegations in Specifications 1, 2, 4(a), 4(b), 6, 7(c), 7(d), 7(f), and 8.¹ As to Specifications 3, 4(c)(i) and 7(g) (all relating to R.L.W.'s attendance at Western State), R.L.W. admitted to giving the alleged testimony and statements, but denied that they were lacking in candor. R.L.W. admitted Specification 5 (failing to inform the Alabama Bar that he was married), but stated that he inadvertently checked the "Single" box and then failed to fill in the date of marriage and his spouse's name. R.L.W. admitted 7(e) (falsely stating to the Georgia Bar that he has never been a party to litigation), but denied that he "continued to conceal" his divorce proceedings. R.L.W. denied Specifications 4(c)(ii) (that he falsely stated he failed to recollect his attendance at Western State in his 1999 letter to Saint Louis University), 7(a) (that in his application to the Georgia Bar he denied ever being divorced), and 7(b) (that he failed to disclose to the Georgia Bar his application for admission to The Florida Bar). Finally, R.L.W. asserted the affirmative defense of rehabilitation.

At the formal hearing, R.L.W. continued to claim that he had forgotten about his attendance at Western State and this was why he failed to disclose his attendance in his application and supplement to the Florida Board of Bar Examiners, to the state bars of Georgia and California, and to Suffolk University and Saint Louis University. The Board rejected R.L.W.'s explanations. In support of its conclusion, the Board noted that the formal hearing record included (1) a statement of account from Western State showing R.L.W. to be indebted $1,700.50 to the university; (2) a "Notice of Action Taken" dated September 13, 1995, informing R.L.W. that he had been rejected for a loan due to "delinquent credit"² (R.L.W. testified that he had never received this notice); (3) a record of activity by the collection agency which demonstrated that R.L.W. had phone conversations with the collections agents in October and December, 1997. In these conversations, R.L.W. advised the agents that he disputed the indebtedness and had no intention of paying; (4) R.L.W.'s application to Saint Louis University College of Law which contained the following personal statement: "While the law has always been my passion, apathy and complacency settled in and I deferred actual matriculation until now."; and (5) R.L.W.'s testimony. The Board ultimately found that R.L.W.'s testimony was unworthy of belief and concluded that Specification 3 (falsely testifying at the investigative hearing that he failed to recall his attendance at Western State) had been proven. In finding this Specification to be proven, the Board concluded that Specification 4(c)(ii) (falsely writing to St. Louis University that he failed to recall his prior attendance at Western State) was proven as well.

In finding Specification 4(c)(i) to be proven (falsely telling Saint Louis University that he had "quickly" decided to withdraw from Western State), the Board noted that at the hearing R.L.W. admitted he attended classes at Western State University for "[t]wo to three weeks." The Board concluded that R.L.W.'s letter to Saint Louis University stating that he "quickly decided to withdraw" from Western State lacked candor. The Board referenced its findings in Specification 4 when finding that Specification 7(g) (falsely informing the Georgia Bar that he attempted to cancel his enrollment with Western State "within the first few days,") had been proven. In reaching this finding, the Board further noted that R.L.W. "has repeatedly been untruthful in his prior dealings with others including the Board." The Board found Specification 5 to be proven, noting that even if R.L.W. was separated at the time of his application to the Alabama Bar, he should have checked either the "Married" or "Separated" box.

In finding Specifications 7(a) and 7(b) to be proven (failing to inform the Georgia Bar that he had been divorced and that he had applied for admission to The Florida Bar), the Board noted that there were discrepancies between the Office of General Counsel's ("OGC's") copy of R.L.W.'s application to the Georgia Bar and the...