Assault & Battery Admission to Bar with Felony Conviction at 16.

[Philaw]

I am now 23 years old, and have been incarcerated since the age of 16 for shooting a police officer in 2002. I was, for lack of better terms, lost and a fool when I was younger. I have since found a direction, and part of my goals include practing law. I am currently enrolled in a Pac-Ten University and have mantained a cumulative 4.0 GPA. I have already completed a two-year degree, after having come in with no high-school credits. I am only nine classes away from my Bachelor's in Philosophy with the Pre-Law option. I have created and run mentoring programs from within the facility using weightlifting and physical fitness as a forum for change, learned the plumbing trade, and saved enough money from wages ranging from $3.00 an hour to $0.25 an hour that I bought my first house in 2006, which is currently rented out, paying my monthly mortgage and providing a small monthly income.

My question is this- am I fooling myself in believing that I will be admitted to a bar, or is it realistic to believe that after having shown and demonstrated for so many years (nearly 7 now) my change, growth, and perspective in life, that I could be admitted to and finish a Graduate law program, and practice law? I have done some independent research already, and while there are a few states that won't admit one to the bar with a felony, the majority simply require a "moral fitness evaluation." I am confident that in such an evaluation, I can demonstrate my moral fitness, despite my felony record. However, I wonder if there are pretty much some black and white "no's" when it comes to this type of political crime?

Any information and/or advice would be greatly appreciated.

 

[dee_dub]

I wouldn't necessarily characterize your offence as a "political crime". Whether that's true or not, it downplays the seriousness of the offence and doesn't reflect well on you.

I think much depends on the offence, the facts, and the jurisdiction, but I am quite sure there are some black and white "no"s. A lawyer in Alberta applied for reinstatement after serving his sentence for brutally murdering his wife. By all accounts he was completely rehabilitated, volunteered at a family crisis centre, etc. The Law Society denied his application - what he did was just too heinous. (Google "Maurice Sychuk" for more info.)

I don't know whether shooting a police officer crosses that line. It shows a flagrant disrespect and hostility towards an agent of the law. I suspect an admission panel would have a tough time getting around that, and maybe rightly so. But congratulations on what you've done so far, and good luck to you.

 

[Philaw]

Dee_dub -

I don't mean to take away from the crime at all, and this is not the connotation that I implied by saying that it was political. What I mean when I say that it is political, is often, because the police are a government entity, and my crime was a high-profile case, those who represent the government or have government ties are less likely to determine the facts objectively.

Also, what I have found is that those who have comitted a felony after already being admitted to the bar, those who have omitted information or tried to hide a past and/or those who continue dishonest or immoral behavior generally are the ones that have the hardest time with the moral fitness evaluation. My perspective in life, and the direction in my life is genuine, and anybody who has ever talked to me recognizes that. I hope that i will get the opportunity to do the same in front of a board for admission to the bar.

Also, I have found a couple of cases of people who have attempted to be admitted to the bar with a felony conviction and prison time served. Only three, to be exact. None of them have been admitted, for various reasons, but none were specifically related to the crime. One was not admitted because of a continued history of mental instability and the fact that he had not been paying child support for quite some time. The other, omitted the fact that he had been convicted of a felony for a protest-related bombing, and was actually admitted to the bar. They later found out, and disbarred him. I can't remember the details of the third case, off the top of my head.

Do you or anybody else reading this know of any other cases similar to this, or somewhere I can do a search for something like this? I don't mind paying for access to a legal reference website, but I may also have access to it anyway through my school library, if I could just get the name.

I appreciate the response already, and the support.

 

[dee_dub]

As I understand Canadian law societies (which may be of questionable relevance to your situation), the evaluation of moral fitness tends to be more concerned with how you present yourself now than with what you did before. Law societies can be receptive to evidence you've been rehabilitated. However, the nature of the offence can be crucial - offences that cast shadow on your respect for the law and ability to uphold legal principles and institutions can be fatal.

You might want to look up Le Barreau du Quebec v. Brousseau - applicant convicted of manslaughter in killing his mother at age 13. Denied twice, then admitted. Google it, it should be published on the Barreau's website. I suspect you'll generally have more success looking at the decisions of the various licensing bodies on their websites than searching a legal database.

 

[Philaw]

I very much appreciate it, and I will look at that site. I will also have to see if there are any American sites where I can find the findings of the Bar association's moral fitness evaluations.

Thanks again.

 

[annabella]

VICBAR Australia

I believe it is very possible that shooting a police officer (no matter at what age) would make it difficult for you to be accepted on the barr. In Australia (VIC) I do know of some Barristers/legal members who have been convicted of crimes for assault and is current practicising members. The crimes where committed when they were adults. I am in a similar situation to yourself, I am a student of the law and I have a criminal convictions for causing injury to my husband in a domestic fight.

 

[cyjeff]

I know of no state that will allow for admission to the bar a person convicted of shooting a police officer.

Not only a violent crime, but a crime that shows a lack of respect and adherence to the law.

I would seriously consider another career option.

 

[army judge]

You will never know until you apply for bar admission what the outcome might be.
Your age at the time of the offense (16 years old) could be instrumental in your ability to practice law in the future.
You might also collaterally attack the conviction by applying for a pardon.
Again, your age might be of some value in this matter.
I know of several attorneys (well, if you consider three several) who possessed felony convictions, that were subsequently admitted to the bar.
I encourage you to continue to pursue your studies.
Do not allow anything you once did to steal the dreams you have for your future.
Do not put the cart before the horse.
You will be able to earn a law degree, if you keep working, learning, and trying.
You can do many things with a law degree, besides practice law.
Good luck and God bless.
Bad deeds, never go unpunished.
Good deeds, are their own reward.
Fare well for the effort, not just the prize.

 

[army judge]

I believe it is very possible that shooting a police officer (no matter at what age) would make it difficult for you to be accepted on the barr. In Australia (VIC) I do know of some Barristers/legal members who have been convicted of crimes for assault and is current practicising members. The crimes where committed when they were adults. I am in a similar situation to yourself, I am a student of the law and I have a criminal convictions for causing injury to my husband in a domestic fight.

I lived in Australia for four years during the last decade of the last century.
I was the Defense Attache to the US Embassy in Canberra.
I've been back many times, and love Australia.
I was fortunate to obtain the designation of QC while assigned to our embassy.
Good luck on your studies, and do not be deterred or distracted in working for your dream.
People told me that I'd never receive the QC, either.
I did more than necessary to take me where I desired.
I look upon on my QC appointment (or my "taking silk") as one of my proudest accomplishments.
As you might recall, QC was changed to SC a few years ago.
I've chosen to retain the QC, as the law allowed, for sentimental reasons.
Good luck in your studies, and let me know if I might offer a word or two on your behalf when the time comes.

 

[cyjeff]

You will never know until you apply for bar admission what the outcome might be.
Your age at the time of the offense (16 years old) could be instrumental in your ability to practice law in the future.
You might also collaterally attack the conviction by applying for a pardon.
Again, your age might be of some value in this matter.
I know of several attorneys (well, if you consider three several) who possessed felony convictions, that were subsequently admitted to the bar.
I encourage you to continue to pursue your studies.
Do not allow anything you once did to steal the dreams you have for your future.
Do not put the cart before the horse.
You will be able to earn a law degree, if you keep working, learning, and trying.
You can do many things with a law degree, besides practice law.
Good luck and God bless.

I know of no pardons... either gubernatorial or presidential... ever given to the convicted shooter of a police officer.

It simply isn't done.... ever. There is no political persona that will burn that much political capital. No governor or president will want to be seen as the person that pardons cop shooters.

Further, I would bet you cash that the felons you know of that have passed the bar are non violent felons... and darn few of those.

Again, lawyers are officers of the court. That trust means that attorneys must be entrusted to uphold the law. Felons have betrayed that trust.

I am not trying to be cruel. I am just not prone to given wildly false hope.

 

[army judge]

I know of no pardons... either gubernatorial or presidential... ever given to the convicted shooter of a police officer.

It simply isn't done.... ever. There is no political persona that will burn that much political capital. No governor or president will want to be seen as the person that pardons cop shooters.

Further, I would bet you cash that the felons you know of that have passed the bar are non violent felons... and darn few of those.

Again, lawyers are officers of the court. That trust means that attorneys must be entrusted to uphold the law. Felons have betrayed that trust.

I am not trying to be cruel. I am just not prone to given wildly false hope.

I didn't form an opinion about your thoughts, one way or another.
You gave your honest opinion about a question the OP posed.
No one, but God, knows what the future holds for any of us.
I only attempted to encourage a person to stay in school.
Heck, the OP might decide that law school is not for them.
Or, they might not get into a law school.
I encourage all people to pursue as much education as they desire.
But, so many ex-felons never change.
This person seems to be changing.
I hope they make it as far as life will allow and as far as they desire.
I wish the best for everyone.
God bless you for taking the time to share your opinion with others.
Isn't it great to live in a country where we have that ability?

 

[cyjeff]

The time to find out if you are eligible to pass the bar is BEFORE you enter law school.

that is an awful lot of debt to incur without a means of repayment.

 

[dee_dub]

The time to find out if you are eligible to pass the bar is BEFORE you enter law school.

that is an awful lot of debt to incur without a means of repayment.

One may have other motives for entering law school besides the desire to be a lawyer (although it seems both of the above posters did indeed want to be lawyers). I know a number of LL.B's (or JD's or whatever degree your jurisdiction uses) who have not attempted to take the bar exam but have put their degrees to other uses. Besides which, law societies change, standards change, and people's ability to demonstrate their fitness to be lawyers changes.