In re R.M.W., 05-MC-409.
| Decision Date | 21 April 2006 |
| Docket Number | No. 05-MC-409.,No. 06-MC-116.,05-MC-409.,06-MC-116. |
| Citation | 428 F.Supp.2d 389 |
| Parties | In the Matter of R.M.W. Applicant In the Matter of S.G.P. Applicant |
| Court | U.S. District Court — District of Maryland |
Two pending applications for membership in our Bar give the Court occasion to consider the factors that should bear upon the application of individuals who have been convicted of felony offenses. In one case, the applicant is seeking admission to the Court's Bar for the first time; in the other, the applicant seeks reinstatement after having been disbarred from membership.
The Local Rules of the Court clearly address the procedure for reinstatement that applies when an applicant has been suspended or disbarred. See Local Rule 705.4.1 Less widely known perhaps is that a decision of this Court entered in 1984 addresses the requirements for first-time admission to the Court's Bar of a federally convicted felon. In In The Matter of G.L.S., 586 F.Supp. 375 (D.Md.1984), the Court, in an en banc opinion, denied the petition for admission of an attorney who had been convicted of armed robbery in this Court and sentenced to 10 years in prison. After serving 6 years in various penal institutions, the attorney had entered college and law school and was eventually admitted to practice by the Court of Appeals of Maryland.
After noting that admission to the bar of the highest state court of Maryland did not automatically require admission to the Bar of this Court, but acknowledging that deference was certainly due the state court's decision, the Court found that the ambiguity of the applicant's answers as well as the fact of his federal conviction weighed heavily against his application. The Court held that "there is at least a rebuttable presumption that an applicant to this bar, who is an unpardoned convicted felon, is not of good character." Id. at 379.
The Court also noted that a mechanism existed to investigate the private and professional character of federally convicted felons, namely specifically federal pardon procedures. "[E]xhaustion [of such procedures] will provide the Court with an investigative mechanism it otherwise lacks." Id. at 380.
The Court therefore concluded "that federal convicted felons must apply for and exhaust the pardon procedures of the Department of Justice prior to applying for admission to the bar of this Court," Id. Accordingly, the application of G.L.S. for admission to the bar was denied.
Arguably G.L.S. applies only to first-time admissions to the bar, whereas applications for reinstatement are regulated by Local Rule 705.4. The latter does set forth specific criteria for attorneys seeking reinstatement of their membership, and provides that they "shall have the burden of demonstrating by clear and convincing evidence that [they] have the moral qualifications, competency and learning in the law required for admission to practice law before this Court and that [their] resumption of the practice will not be detrimental to the integrity and standing of the bar or to the administration of justice, or subversive of the public interest." Local Rule 705.4.c. Nevertheless, it remains unclear as to attorneys seeking reinstatement whether the rule trumps the rationale of G.L.S. that unpardoned federal felons should have to pursue federal pardon procedures before being admitted to membership in the Court's bar.
Be that as it may, the present Court has determined en banc that G.L.S. should be explicitly overruled and that there should be no requirement that applicants who have been convicted of a federal felony first exhaust federal pardon procedures. Moreover, the Court believes that no distinction should be made between the first-time applicant and the applicant seeking reinstatement in the bar after having been disbarred.
Based on its experience with disciplinary matters in general over the past several years, the Court has developed a procedure which it feels is well-suited for passing upon such applications, which consists of appointing an investigative attorney to prepare a report and recommendation to the Court, followed, if deemed appropriate by the Court, by a hearing presided over by up to three Judges of the Court. At that hearing the Judges or Panel of Judges are able to evaluate, according to proper criteria, whether the applicant "has the appropriate qualifications, competency and learning in the law required for admission to practice before this Court," and that the attorney's "practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice, or subversive of the public interest." See Local Rule 705.4. Pursuant to that rule, the petitioner bears the burden of convincing the trier of fact of his or her fitness for practice by clear and convincing evidence. The Court hereby adopts this procedure and the criteria of Local Rule 705.4 for all applications for...
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In re R.M.W
...for the evaluation of applications and reapplications for membership in our Bar by individuals convicted of felonies. See 428 F.Supp.2d 389 (D.Md.2006). Mr. Webb prepared a Report and Recommendation in connection with the Petition, which was followed by a hearing held before a Three-Judge P......