Professional Documents
Culture Documents
reinstatement
Problem Areas in Legal Ethics
Arellano University School of Law Arellano Law
Foundation
2015-2016
Forms of clemency
Reinstatement
Commutation
Lifting of disqualification
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Two-part inquiry
When an applicant previously convicted of a serious
crime applies for admission to the [] Bar, the court
conducts a two-part inquiry. First, the court
determines whether the applicant has proven
complete rehabilitation from the character deficits
that led to the commission of the crime.
If the applicant meets this prerequisite, the court
must then decide whether the applicant presently
possesses good moral character.
- In re Hamm, 123 P.3d 652, 662 (Ariz. 2005)
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Proving/establishing rehabilitation
To prove rehabilitation, the [applicant] must identify
the weakness that caused him to engage in criminal
misconduct and then demonstrate that he has
overcome that weakness.- In the Matter of the
Application of Lee Keller King, 136 P.3d 878 (2006)
Accepting responsibility for past misdeeds constitutes
an important element of rehabilitation. In the Matter
of a Disbarred Member of the State Bar of Arizona,
Richard B. Arrotta, 96 P.3d 213 (2004)
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To establish rehabilitation, [applicant] must show "that he has both
(1) accepted responsibility for his past criminal conduct," and "(2)
identified and overcome the weakness that led to the unlawful
conduct. - In the Matter of the Application of Alejandro Lazcano,
222 P.3d 896 (2010)
The Court will take into consideration his or her character and
standing prior to the disbarment, the nature and character of the
charge/s for which he or she was disbarred, his or her conduct
subsequent to the disbarment, and the time that has elapsed in
between the disbarment and the application for reinstatement. -
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If the applicant proves he or she is rehabilitated, the
court must then evaluate his or her present moral
character because showing rehabilitation from criminal
conduct does not, in itself, establish good moral
character. In doing so, the court considers past
misconduct to determine what past bad acts reveal
about an applicants current character.- In re King: Is
rehabilitation from serious crimes possible? Suzanne Diaz,
ARIZONA LAW REVIEW [VOL. 48:669] 2006
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Rehabilitation is demonstrated by a course of conduct that
enables the court to conclude there is little likelihood that
after such rehabilitation is completed and the applicant is
readmitted to the practice of law he will engage in
unprofessional conduct. - In Re Arrotta, 96 P.3d 213 (Ariz. 2004)
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"Merely showing that [an individual] is now living and
doing those things he ... should have done throughout
life, although necessary to prove rehabilitation," is not
sufficient to meet the applicant's burden. In re J.J.T.,761
So.2d 1094, 1096 (Fla.2000) (citation omitted).
In addition, he must bring forth clear and convincing
evidence showing the positive actions he has taken to
overcome the weaknesses that led to his disbarment.
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"Pier factors"
(1) the petitioner's present moral fitness;
(2) the petitioner's acceptance of wrongdoing with sincerity and honesty;
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assured the Court that he now possesses the requisite probity and
integrity necessary to guarantee that he is worthy to be restored to
the practice of law
2. the time that has elapsed between disbarment and the application for
reinstatement,
3. his good conduct and honorable dealing subsequent to his
disbarment,
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Cont
Evidence of reformation is required before applicant is entitled
to reinstatement, notwithstanding the attorney has received a
pardon following his conviction, and the requirements of
reinstatement had been held to be the same as for original
admission to the bar, except that the court may require a
greater degree of proof than in an original evidence.
The decisive question on an application for reinstatement is
whether applicant is 'of good moral character. In re:
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Cont
3. The age of the person asking for clemency must show that he
still has productive years ahead of him that can be put to
good use by giving him a chance to redeem himself.
4. There must be a showing of promise (such as intellectual
aptitude, learning or legal acumen or contribution to legal
scholarship and the development of the legal system or
administrative and other relevant skills), as well as potential
for public service.
5. There must be other relevant factors and circumstances that
may justify clemency. Re: Letter of Judge Diaz, A.M. No.
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Effects of pardon
"When proceedings to strike on attorneys name from the rolls
are founded on, and depend alone, on a statute making the
fact of a conviction for a felony ground for disbarment, it has
been held that a pardon operates to wipe out the conviction
and is a bar to any proceeding for the disbarment of the
attorney after the pardon has been granted. In re:
Disbarment proceedings against Atty. Gutierrez, A.C. No. L363. July 31, 1962
A pardon reaches both the punishment prescribed for the
offense and the guilt of the offender; and when the pardon is
full, it releases the punishment and blots out of existence the
guilt, so that in the eyes of the law the offender is as innocent
as if he had never committed the offense.
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Disbarment proceedings against Atty. Gutierrez, A.C. No. L363. July 31, 1962
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