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In re Application of Head

Citation: 114 Ohio St. 3d 29Docket: No. 2007-0353

Court: Ohio Supreme Court; May 30, 2007; Ohio; State Supreme Court

Narrative Opinion Summary

This case involves an applicant seeking admission to the Ohio bar who faced scrutiny over her character and fitness due to issues surrounding her application for special testing accommodations. The applicant, a law school graduate, initially applied to sit for the bar examination in July 2006 but faced delays due to claims of improper influence and insufficient disclosure of her disability. Her subsequent February 2007 application was disapproved following findings that she attempted to leverage a personal relationship with a Board member to gain accommodations. Despite this, the applicant was permitted to apply for the July 2007 exam, owing to strong character testimonials from the legal community. The Board assessed her failure to disclose her disability on earlier applications, concluding it did not adversely affect her character and fitness. The Board's recommendation to allow her application for the July exam was accepted, considering her demonstrated integrity and positive character evaluations from peers and faculty.

Legal Issues Addressed

Assessment of Character Evidence

Application: Despite the applicant’s lapses, strong character evidence from the legal community supported her potential to meet bar admission standards.

Reasoning: Notably, her civil procedure professor, Stanton Darling II, praised her classroom performance and efforts to manage her disability, further affirming her integrity and work ethic.

Character and Fitness Requirements for Bar Admission

Application: The applicant must demonstrate by clear and convincing evidence that they possess the necessary character, fitness, and moral qualifications to practice law.

Reasoning: An applicant for admission to the Ohio bar must demonstrate 'by clear and convincing evidence' that they possess the necessary character, fitness, and moral qualifications to practice law.

Disclosure of Disabilities in Bar Applications

Application: The applicant's failure to disclose her disability on earlier applications was scrutinized, but ultimately not found to impact her character and fitness negatively.

Reasoning: Ultimately, both the panel and board concluded that her failure to disclose her disability did not negatively impact her character and fitness to practice law.

Improper Influence on Bar Examiners

Application: The applicant's attempt to leverage a personal relationship with a Board member to obtain special accommodations was deemed inappropriate and indicative of poor judgment.

Reasoning: The board found her actions to be an improper attempt to gain special accommodations for her appeal.