Character and Fitness Hearing Before the Supreme Court’s Board of Commissioners on Character and Fitness- When, What, Why, Who, How-
After the filing of your Ohio Bar Application during your 2nd year of law school (we urge to start earlier), there is an interview conducted by volunteer members of the Admissions Committee of your local bar association. Gov. Bar Rule 1 (13) dictates that at least two local members of the Admissions Committee must make a recommendation (approval, denial, conditional approval) regarding the applicant’s character and fitness based upon a personal interview. If the Admissions Committee recommends the applicant not be approved or approved with qualifications, Gov. Bar Rule 1 (14) entitles the applicant to an appeal for automatic review by the Board of Commissioners on Character and Fitness and a three-member panel is appointed to hold a non-adversarial, de novo hearing. But wait, even if approved, the Board my sua sponte pull an application for further review and hearing.
GOOD NEWS….. This process is entirely confidential per Gov. Bar Rule 1 (15).
Consequently, cases on Lexis+ and Westlaw are those in which the Supreme Court (after the Board provides a recommendation) must hear the case. This can happen because of a disapproval by the Board or because the applicant has certain level felony convictions requiring the matter to be sent to the Supreme Court.
Who has the burden of proof? “The burden of proof in such hearings shall be on the applicant to establish by clear and convincing evidence the applicant’s present character, fitness, and moral qualifications for admission to the practice of law in Ohio.†Gov. Bar Rule 1 (14)(C)(6). We prefer to start working with the client at the beginning of the character and fitness application process, utilizing interview memorandums from the client’s interview with the Admissions Committee ensuring that every person at every step of the process has “clear and convincing evidence†of our client’s current character and fitness. Gov. Bar Rule 1 (13)(D)(1). By giving more than is required, we have found great success in obtaining approvals for our clients from the Board of Commissioners on Character and Fitness. Up to this point everything remains confidential.
What is it like to have a hearing in front of the Board of Commissioners on Character and Fitness? The applicant, the applicant’s attorney (if any, but you should absolutely be represented by someone) and the local bar admission’s committee participate as the parties to the hearing which is similar to a hearing in a court of law. Opening statements, witnesses, cross examination and closing arguments are presented to the panel of three members. All relevant evidence, as determined by the panel, is considered by the panel as required under Gov. Bar Rule 1 (14)(C)(5). During the hearing, the panel has the opportunity to question any witnesses. As confidentiality is seminal each witness, or anyone other than the parties (including family, friends, etc), are only permitted in the room during the time they are being questioned. Furthermore, all witnesses, whether or not they have been subpoenaed, are bound by the confidentiality provisions. Gov. Bar Rule 1 (14)(C)(4). Again, the hearing is confidential! Gov. Bar Rule 1 (15)
What is next? After a hearing, the full Board, consisting of twelve members, hears the recommendation of the hearing panel, and then casts votes on whether to approve or disapprove the applicant. These meetings are usually held 2x per year (July and February) If the applicant is not approved, the matter then proceeds before the Supreme Court of Ohio. The character and fitness information for these applicants becomes public after the report from the Board is filed with the Clerk of the Court under Gov Bar Rule 1 (14)(F)(1). There is a 60-day time frame where the Court, either on motion of the applicant or sua sponte, may order that the entire record or a portion of the record remain confidential, usually due to sensitive medical information or involvement of a non-applicant’s personal information. The Supreme Court of Ohio makes the ultimate decision regarding whether an applicant will be approved or disapproved on character and fitness grounds.
For more information: https://www.supremecourt.ohio.gov/boards/characterfit/cfprocess.pdf and https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/govbar/govbar.pdf