In Re Yunker, 289 Ga. 636

Yunker applied for certification of fitness to practice law in Georgia; the Board tentatively denied due to concerns including misdisclosure of criminal history and alcohol-related incidents, discipline during a legal internship, and credibility issues.
A hearing was held on October 20, 2009, and the hearing officer recommended denial based on the record and testimony.
Convictions disclosed by Yunker included DUI in 1988 (North Carolina), disorderly conduct and damage to property in 1989 (Pennsylvania), and family violence battery in 2000 (DeKalb County); he initially failed to disclose these on his law school and Board applications.
Yunker amended his applications after Board inquiries, explaining the nondisclosures as computer error or hasty completion; he also described the choking incident with his former wife and stated he regretted the conduct.
During a 2007 internship with the Atlanta Metro Conflict Defender's Office, Yunker was terminated after a dispute and emails containing profanity; the Board found this showed poor judgment and lack of maturity.
The Board ultimately denied certification; the Georgia Supreme Court affirmed, finding no rehabilitation or moral fitness demonstrated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does lack of candor and incomplete disclosure justify denial?	Yunker asserts disclosures were inadvertent and claims rehabilitation.	Board contends nondisclosures and explanations undermine candor and fitness.	Yes; lack of candor supports denial.
Were the Board's findings supported by clear and convincing evidence?	Yunker challenges credibility findings and argues errors by the Board.	Board's findings are supported by record and testimony.	Yes; findings supported the denial.

In re Cook, 284 Ga. 575 (2008) (applicant bears burden to show rehabilitation and moral fitness; public protection favored)
In re Lee, 275 Ga. 763 (2002) (clear and convincing evidence required for rehabilitation of convicted applicants)