In re Heller, No. A-3-74.

Docket NºNo. A-3-74.
Citation333 A.2d 401
Case DateFebruary 26, 1975
CourtCourt of Appeals of Columbia District
333 A.2d 401
In the Matter of Robert J. HELLER for Admission to the Bar of this court.
No. A-3-74.
District of Columbia Court of Appeals.
Argued January 23, 1975.
Decided February 26, 1975.

Robert J. Heller, pro se.

William C. Gardner, Washington D. C., for respondent.

Before KELLY and GALLAGHER, Associate Judges, and PAIR, Associate Judge, Retired.

PER CURIAM:


Appellant passed the Bar Examination in this jurisdiction and on May 3, 1972 filed an application for admission to the Bar. After a certain amount of correspondence entailing the submission by him of records and documents, he was notified by the Committee on Admissions of this Court that the Committee was unwilling to certify his admission.1 Appellant demanded a

Page 402

hearing before the Committee, according to his right under our Rules (Rule 46, pt. I(f) (1)). A hearing was later conducted at which he was given a full opportunity to be heard. Several days later, appellant was notified of the Committee's decision that an adverse report would be entered unless appellant should exercise his right to withdraw his application, this being a procedure accorded to him under our Rules (Rule 46, pt. I(f) (1)). Appellant elected not to do so and, upon receipt of the Committee's findings and conclusions, this court on May 16, 1974 entered an Order to Show Cause why his application should not be denied, following which appellant and the Committee filed briefs. Oral argument was held before the court, appellant appearing pro se.

Appellant makes two principal arguments. He contends that the standard of good moral character and general fitness to practice law is unconstitutionally vague; and he variously attacks the Committee's findings as not supporting the conclusion drawn from them and as not being in accord with the evidence and law.

It is true that the term "good moral character" is a term of broad dimensions and, as has often been said, can be defined in many ways. E. g., Konigsberg v. State Bar of California, 353 U.S. 252, 262-3, 77 S.Ct. 722, 1 L.Ed.2d 810 (1957). But one would be hard put to enunciate a better standard for admission to the Bar. "With us too [as with England] the requisite `moral character' has been the historic unquestioned prerequisite of fitness. * * * No doubt satisfaction of the requirement of moral character involves an exercise of delicate judgment on the part of those who reach a conclusion, having heard and seen the applicant for admission, a judgment of...

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7 practice notes
  • In re Manville, No. 84-1362.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • June 28, 1985
    ...facts, we accept findings of fact made by the Committee unless they are unsupported by substantial evidence of record. See In re Heller, 333 A.2d 401, 402 (D.C.) (per curiam), cert. denied, 423 U.S. 840, 96 S.Ct. 70, 46 L.Ed.2d 59 (1975).4 We also make due allowance for the Committee's oppo......
  • IN RE BAKER, No. 88-223
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • August 14, 1990
    ...factual findings, and we will accept those findings, unless unsupported by substantial evidence. Id. at 1293 (citing In re Heller, 333 A.2d 401, 402 (D.C.) (per curiam), cert. denied, 423 U.S. 840, 96 S.Ct. 70, 46 L.Ed.2d 59 (1975)). However, we have not always afforded this type of deferen......
  • Application of Gahan, No. 49690.
    • United States
    • Supreme Court of Minnesota (US)
    • May 11, 1979
    ...satisfying his financial obligations has been widely recognized as a relevant factor in assessing good moral character. See, In re Heller, 333 A.2d 401 (D.C.Ct.App.), certiorari denied, 423 U.S. 840, 96 S.Ct. 70, 46 L.Ed.2d 59 (1975); In re Cheek, 246 Or. 433, 425 P.2d 763 (1967). The failu......
  • Beasley, In re, Docket No. 1
    • United States
    • Supreme Court of Georgia
    • January 30, 1979
    ...the burden clearly rests upon the applicant to prove that he possesses the requisite character and moral fitness. In the Matter of Heller, 333 A.2d 401 (D.C.App.1975), cert. den. 423 U.S. 840, 96 S.Ct. 70, 46 L.Ed.2d 59; Annos. 64 ALR2d 301, § 3, 88 ALR3d 192, § 2. These are not criminal pr......
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7 cases
  • In re Manville, No. 84-1362.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • June 28, 1985
    ...facts, we accept findings of fact made by the Committee unless they are unsupported by substantial evidence of record. See In re Heller, 333 A.2d 401, 402 (D.C.) (per curiam), cert. denied, 423 U.S. 840, 96 S.Ct. 70, 46 L.Ed.2d 59 (1975).4 We also make due allowance for the Committee's oppo......
  • IN RE BAKER, No. 88-223
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • August 14, 1990
    ...factual findings, and we will accept those findings, unless unsupported by substantial evidence. Id. at 1293 (citing In re Heller, 333 A.2d 401, 402 (D.C.) (per curiam), cert. denied, 423 U.S. 840, 96 S.Ct. 70, 46 L.Ed.2d 59 (1975)). However, we have not always afforded this type of deferen......
  • Application of Gahan, No. 49690.
    • United States
    • Supreme Court of Minnesota (US)
    • May 11, 1979
    ...satisfying his financial obligations has been widely recognized as a relevant factor in assessing good moral character. See, In re Heller, 333 A.2d 401 (D.C.Ct.App.), certiorari denied, 423 U.S. 840, 96 S.Ct. 70, 46 L.Ed.2d 59 (1975); In re Cheek, 246 Or. 433, 425 P.2d 763 (1967). The failu......
  • Beasley, In re, Docket No. 1
    • United States
    • Supreme Court of Georgia
    • January 30, 1979
    ...the burden clearly rests upon the applicant to prove that he possesses the requisite character and moral fitness. In the Matter of Heller, 333 A.2d 401 (D.C.App.1975), cert. den. 423 U.S. 840, 96 S.Ct. 70, 46 L.Ed.2d 59; Annos. 64 ALR2d 301, § 3, 88 ALR3d 192, § 2. These are not criminal pr......
  • Request a trial to view additional results

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