School of sharks? Bar fitness requirements of good moral character and the role of law schools

Georgetown Journal of Legal Ethics, The, Spring 2001 by McCulley, Elizabeth Gepford

II. LAW SCHOOL

A. EVALUATION OF CHARACTER AND FITNESS

Because they have the opportunity to observe students for several years, law schools have a better opportunity than bar authorities or courts to screen or evaluate the character and fitness of potential bar applicants.119 Most law school applications include questions regarding the fitness and character of an applicant. Answers to these questions can alert law school administration to potential difficulties for bar admission. "Based on the misconduct and irregularities caseload, it appears that [law school] applicants have the most difficulty with questions about their disciplinary record, criminal history, and racial/ethnic background."120 Furthermore, consider that the law school applicant will later be required to answer these types of questions on the separate application for bar exam registration. Consequently, if the answers on a law school application differ from answers on the bar registration, the applicant could potentially have a candor problem.121

For example, in Missouri, law students must register with the Board of Bar Examiners by November 15th of their first year of law school, unless delayed registration is permitted.122 Missouri law student registration for the bar includes questions inquiring into whether the applicant has "either as an adult or juvenile, been cited, arrested, charged, or convicted for any violation of any law?"123 The application states in bold letters: "Note: Alcohol or drug related offenses are not considered to be minor."124 The application clearly states that alcohol or drug related charges should be disclosed.

In contrast, on law school applications the most common form of a criminal history question asks if the applicant has "ever been charged with, arrested for, convicted of, plead guilty or nolo contendere for a violation of any law."125 This question may be considered unclear as to whether disclosure of minor traffic violations or sealed or expunged records is necessary.

For example, in Missouri, law schools take a somewhat similar approach to character and fitness questions relating to criminal conduct. The University of Missouri-Kansas City School of Law ("UMKC") asks whether the applicant has "ever been convicted of, or pleaded guilty to a crime other than minor traffic violations."126 Similarly, the University of Missouri-Columbia School of Law ("MU") and Washington University School of Law only ask if the applicant has ever been convicted,127 arrested, or charged128 with a criminal offense (other than a minor traffic violation).129 St. Louis University ("SLU") asks, "[h]ave you ever been convicted of a crime other than a minor traffic violation or a juvenile offense?"130

Potential problems arise when applicants ponder the definition of certain terms, such as "minor offense." An applicant may consider an alcohol-related traffic offense as minor if minor sanctions were imposed. The bar registration question, however, clearly states that alcohol-related offenses are not minor and that disclosure is required. Problems arise because law school application questions such as those used by UMKC, MU, Washington University, and SLU do not define the term "minor offense." Thus, the definition is subject to an applicant's interpretation.