In Re Application of Carlton VOSE
93 A.3d 33
| R.I. | 2014Background
- Carlton Vose applied for admission to the Rhode Island bar after attending law school in Florida; he passed the July 2010 bar exam but had prior adverse action by the Florida Board of Bar Examiners.
- The Committee on Character and Fitness held five meetings (April 7, 2011 through November 16, 2012) to evaluate Vose’s character and fitness; Vose attended some meetings pro se and the final meeting with counsel.
- At a December 9, 2011 meeting Vose made off-the-record allegations about a lawyer (later disclosed as a committee member), which the committee summarized on the record and treated as a possible threat to disclose embarrassing information if his application was not approved.
- The Clerk attempted multiple methods to notify Vose of a December 16 meeting; Vose responded with hostile communications and disputed the manner of service.
- The committee relied on Vose’s demeanor, lack of candor, prior Florida proceedings (including a psychiatric evaluation), and the December 9 off-the-record comments to conclude he lacked requisite character and fitness.
- The committee recommended denial on June 11, 2013; the Rhode Island Supreme Court reviewed Vose’s petition challenging due process and sufficiency of evidence and adopted the committee’s recommendation, denying admission.
Issues
| Issue | Vose's Argument | Committee/Court's Argument | Held |
|---|---|---|---|
| Whether Vose was denied procedural due process (notice & opportunity to be heard) | Committee failed to give adequate notice of reasons/evidence and no sufficient adversarial hearing | Vose had burden to prove fitness; committee provided five meetings, counsel option, opportunity to present/respond; committee questioned him on concerns | Court held no due process violation; notice and opportunity were adequate |
| Whether committee relied on insufficient/improper evidence (including Florida findings) | Committee improperly relied on Florida Board findings and failed to further investigate | Committee may consider other jurisdictions’ findings as relevant and used them as cause for inquiry; findings paralleled committee’s concerns | Court upheld use of Florida findings as permissible and relevant |
| Whether committee’s factual findings (demeanor, lack of candor, threat) were supported | Findings unsupported or fabricated (e.g., summary of off-the-record comments, anonymous letter) | Committee’s findings are supported by meeting transcripts, tone of filings, corroboration from courier and committee record | Court found the ten factual findings well-founded and not an abuse of discretion |
| Whether Vose met burden to show good moral character and fitness | Vose contended he proved suitability and that committee mischaracterized his conduct | Committee showed repeated hostility, lack of candor, retaliatory tendencies, and unaddressed psychiatric recommendations raising concern about future conduct | Court held Vose failed to meet burden; admission denied |
Key Cases Cited
- Willner v. Committee on Character and Fitness, 373 U.S. 96 (procedural due process required before a State can exclude a person from practicing law)
- In re Application of Webb, 58 A.3d 150 (R.I. 2013) (standard for overturning committee recommendation: abuse of discretion or clearly wrong)
- In re Application of Roots, 762 A.2d 1161 (R.I. 2000) (committee recommendation review standard and requirements)
- In re Bar Admission of Vanderperren, 661 N.W.2d 27 (Wis. 2003) (other jurisdictions may consider denial by another state’s bar as relevant)