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In Re Application of Floyd Edmond WEBB, III

Citations: 58 A.3d 150; 2013 R.I. LEXIS 7; 2013 WL 135857Docket: 2013-3-M.P.

Court: Supreme Court of Rhode Island; January 11, 2013; Rhode Island; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an applicant's petition to the Rhode Island Supreme Court challenging the denial of his admission to the state bar based on moral character and fitness grounds. The applicant, a graduate of Roger Williams University School of Law, faced scrutiny from the Supreme Court’s Committee on Character and Fitness for failing to disclose prior arrests, providing evasive answers, and exhibiting issues with authority figures. After multiple hearings where police testimony contradicted the applicant's accounts, and despite completing anger management counseling, the committee recommended denial of his admission due to concerns over candor and credibility. The applicant contested the committee's findings and alleged bias, but the Court upheld the committee's discretion, finding no abuse in their decision. The Court emphasized the applicant's obligation to disclose any new legal issues, highlighting a recent undisclosed arrest as a significant oversight. Consequently, the petition for bar admission was denied, affirming the committee's assessment that the applicant did not meet the burden of demonstrating moral character and fitness required for legal practice in Rhode Island.

Legal Issues Addressed

Bar Admission Requirements: Moral Character and Fitness

Application: The applicant must demonstrate moral character and fitness through clear and convincing evidence, ensuring full disclosure of past conduct.

Reasoning: To gain admission to the Rhode Island bar, applicants must demonstrate their moral character and fitness through clear and convincing evidence, as mandated by Rule 3(a).

Committee on Character and Fitness: Discretionary Authority

Application: The committee has discretion to recommend denial of bar admission if the applicant fails to disclose required information or demonstrates a lack of candor.

Reasoning: The committee's recommendation against the applicant stemmed from findings that he willfully concealed information, provided false and evasive answers, and exhibited a lack of candor and issues with authority figures.

Disclosure Obligations for Bar Applicants

Application: Applicants are required to provide complete and accurate information, including updates on any new arrests or legal issues, throughout the application process.

Reasoning: Applicants are also required to report any changes to their application information, including arrests.

Judicial Review of Committee Recommendations

Application: The Court will not overturn the committee's recommendation unless it is proven that there was an abuse of discretion or the decision was clearly wrong.

Reasoning: The standard of review indicates that the Court will not overturn the committee's recommendation unless it abused its discretion or the decision is clearly wrong, and it will do so if the recommendation is unfounded.