In re A.S.
173 A.3d 1280
| R.I. | 2017Background
- A.S., a 2015 Roger Williams Law graduate and Massachusetts bar member, applied for admission to the Rhode Island Bar in April 2015.
- The Committee on Character and Fitness requested documents and explanations regarding a 2009 airport arrest (possession of knives) and Family Court matters concerning child support/health-insurance substitution; A.S. delayed and initially resisted producing full records.
- The committee found A.S. was reticent, displayed intentional lack of candor, and showed hostility to the character-and-fitness process; five-to-two vote recommended denial (unanimous that burden not met).
- A.S. argued before this Court that the committee’s factual findings were erroneous, that he met the clear-and-convincing standard, and that the committee abused its discretion by refusing to reconsider; he also highlighted strong academic credentials and letters of support.
- The Supreme Court reviewed under the abuse-of-discretion/clearly-wrong standard, accepted the committee’s findings, denied admission, but allowed A.S. to reapply no sooner than two years after oral argument (June 7, 2017) with conditions described.
Issues
| Issue | Applicant's Argument | Committee/Court's Argument | Held |
|---|---|---|---|
| Whether A.S. proved good moral character and fitness by clear and convincing evidence | A.S. pointed to law-school honors, leadership, recommendations, and argued committee findings were incorrect | Committee found lack of candor, delayed production of documents, hostility to process; such behavior undermines character and fitness | Denied — A.S. failed to meet clear-and-convincing burden |
| Whether refusal/delay to produce Family Court and arrest records justified adverse inference | A.S. claimed privacy concerns and counsel advice justified withholding; later produced some materials | Committee/Court found no legal basis to withhold, and failure to timely produce showed disrespect and lack of candor | Justified — withholding/delay supported committee’s adverse findings |
| Whether the committee abused discretion by refusing to reopen/reconsider after receiving letters of support | A.S. argued new supportive letters warranted reconsideration | Court noted no procedural rule mandating reconsideration and found no new facts undermining committee’s findings | No abuse of discretion — refusal affirmed |
| Whether conditional admission was an appropriate remedy | A.S. and two committee members suggested conditional supervised admission | Majority committee and Court emphasized failure to prove character/fitness now despite potential for remediation | Court declined conditional admission but permitted future reapplication after two years |
Key Cases Cited
- In re Webb, 58 A.3d 150 (R.I. 2013) (standard for reviewing Committee on Character and Fitness recommendations)
- In re Roots, 762 A.2d 1161 (R.I. 2000) (educational achievement insufficient; candor and full disclosure central to character evaluation)
- In re Vose, 93 A.3d 33 (R.I. 2014) (demeanor, hostility, and manner of disclosure relevant to moral fitness)
- In re Testa, 489 A.2d 331 (R.I. 1985) (integrity and veracity as prerequisites for admission)
