In re Cramer
427 Md. 612
| Md. | 2012Background
- Nicholas Cramer sought admission to the Maryland Bar.
- He omitted criminal history, the character questionnaire, his credit report, and lawsuits from his initial bar application.
- He demonstrated lack of candor by addressing omissions only upon request and in untimely, piecemeal fashion.
- The 1998 DUI arrest in California led to probation, fines, restitution, and license suspension; California driving history was not fully disclosed.
- A 2004 New Jersey DUI and a 2005 disorderly conduct incident in D.C. formed part of his record.
- A May 20, 2005 bar application was incomplete and left multiple items blank or inadequately described; he later supplied some information only after investigation begins.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether applicant has the requisite moral character for admission | Cramer contends omissions were negligent, not deceptive | Board/Stern require candor; omissions show lack of candor | Denied admission; not possessing requisite moral character |
| Whether omissions and misstatements justify denial despite later disclosures | Subsequent disclosures indicate effort to comply | Disclosures came tardily and piecemeal, undermining candor | Denied admission; persistent lack of candor supports denial |
| Role of Board's recommendation in Maryland Court review | Board recommendation should be given significant weight but not determinative | Court independently evaluates character; Board’s findings are highly persuasive | Court independently reviews; denial upheld based on record of candor and fitness |
Key Cases Cited
- In re Application of Strzempek, 407 Md. 102, 962 A.2d 988 (Md. 2008) (good moral character and candor required for admission)
- In re Application of Stern, 403 Md. 615, 943 A.2d 1247 (Md. 2008) (absolute candor requisite for bar admission)
- In re Application of Hyland, 339 Md. 521, 663 A.2d 1309 (Md. 1995) (rehabilitation relevant to present character)
- Application of Brown, 392 Md. 54, 895 A.2d 1055 (Md. 2006) (moral character and candor require objective evaluation)
- In re Application of James G., 296 Md. 310, 462 A.2d 1198 (Md. 1983) (lasting rehabilitation and character evidence may affect outcome)
- In re Application of A. T., 286 Md. 507, 408 A.2d 1023 (Md. 1979) (considerations of past conduct and rehabilitation in bar admission)
- In re Application of K.B., 291 Md. 170, 434 A.2d 541 (Md. 1981) (post-application conduct and disclosure failures impact fitness)
- In re Application of Allan S., 282 Md. 683, 387 A.2d 271 (Md. 1978) (independent court review of character after committee findings)