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Application of Leff

Citations: 618 P.2d 232; 127 Ariz. 62; 1980 Ariz. LEXIS 270Docket: SB-176

Court: Arizona Supreme Court; September 24, 1980; Arizona; State Supreme Court

Narrative Opinion Summary

This case involves an application by Marvin S. Leff for admission to the State Bar of Arizona following his success in the written bar examination. The primary legal issue centers on the requirement of good moral character for bar admission, as assessed by the Supreme Court Committee on Character and Fitness. Leff, previously admitted to practice law in Illinois, failed to disclose a material fact in his application—specifically, his involvement in an IRS investigation into organized gambling, which called into question his moral character. Although no indictments were issued against him, Leff's omission and intention to invoke his Fifth Amendment rights without proper disclosure were seen as attempts to obstruct the investigation. These actions led the Committee to conclude that Leff's moral character was insufficient for bar admission. Consequently, his application was denied, a decision upheld by the Arizona Supreme Court justices, underscoring the significance of full disclosure and moral character in bar admissions.

Legal Issues Addressed

Admission to the Bar and Good Moral Character Requirement

Application: The Committee on Character and Fitness denied Leff's application for admission to the Arizona State Bar due to a lack of good moral character, citing his failure to disclose material information during the application process.

Reasoning: The Supreme Court Committee on Character and Fitness determined that he lacked good moral character, a requirement for admission.

Disclosure Obligations in Bar Admission Applications

Application: Leff failed to disclose his involvement in an IRS investigation, which was deemed a significant omission affecting his moral character assessment for bar admission.

Reasoning: The Committee determined that Leff was aware he was the subject of an investigation and had a duty to disclose this fact, which he intentionally failed to do when he filed his application for admission to the Arizona State Bar.

Duty to Disclose Criminal Investigations

Application: Leff's intentional nondisclosure of his interrogation by IRS agents during his bar application process was viewed as a conscious attempt to withhold material information.

Reasoning: During a hearing, Leff admitted to consciously deciding not to disclose his interrogation by IRS agents.

Fifth Amendment and Bar Admission

Application: Leff's decision to invoke his Fifth Amendment rights, while lawful, was perceived as obstructing an investigation and reflected poorly on his character assessment for bar admission.

Reasoning: Leff acknowledged contacting the U.S. Attorney's office to express his intention to invoke the Fifth Amendment if called to testify before the Grand Jury.