Petition of Edwin R. Jonas III for Reinstatement to the Bar of the State of Maine
2017 ME 48
| Me. | 2017Background
- Edwin R. Jonas III, admitted to Maine Bar in 1987, was administratively suspended in 1995 for failing to register and petitioned for reinstatement in 2013.
- Jonas engaged in prolonged, contentious post-divorce litigation (absconding to Cayman Islands with children, hiding funds, violating orders), leading to contempt, a vexatious-litigant designation, and suspensions in New Jersey, Pennsylvania, and Florida.
- The Grievance Commission recommended conditional reinstatement; the Board created a Special Panel, reviewed the record, and recommended denial.
- The single justice granted a full de novo hearing (two-day bench trial) and admitted numerous out-of-jurisdiction judgments and orders under the reasonable-person admissibility standard.
- The single justice found Jonas failed to meet his clear-and-convincing burden to show moral fitness and that reinstatement would not harm the bar or public, and denied reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of reinstatement factors (M. Bar R. 7.3(j)(5)) | Jonas: Factors for disciplinary reinstatement do not apply to administrative-suspension reinstatement. | Board: The listed factors apply to all 7.3(j) reinstatements though weight may vary. | Court: Factors apply to all petitions under 7.3(j); Board and justice properly considered them. |
| Creation/use of a Board "Special Panel" | Jonas: Special Panel violated Bar Rules and due process. | Board: Regulation permits Board discretion to adopt procedures and independently evaluate Commission recommendations. | Court: Special Panel was permissible and did not violate rules or due process. |
| Standard of evidentiary admissibility at de novo hearing | Jonas: Evidentiary rules or judicial-notice limits should restrict use of out-of-jurisdiction judgments. | Board: Reasonable-person standard applies; judgments are highly relevant to character/fitness. | Court: Reasonable-person standard governed reinstatement proceedings; admission of prior judgments was proper (Rules of Evidence did not apply). |
| Sufficiency of proof for reinstatement | Jonas: Misconduct is personal, explanations/estoppel justify reinstatement; he meets burden. | Board: Jonas’s long pattern of contempt, frivolous/vexatious litigation, and suspensions rebut fitness and credibility. | Court: Jonas failed to prove by clear and convincing evidence that he has requisite moral fitness and that reinstatement would not harm the bar; denial affirmed. |
Key Cases Cited
- Bailey v. Bd. of Bar Exam’rs, 90 A.3d 1137 (Me. 2014) (interpreting bar-rule standards for reinstatement and evidentiary review)
- In re Williams, 8 A.3d 666 (Me. 2010) (discussing Court’s review role and record development in reinstatement proceedings)
- In re Application of Feingold, 296 A.2d 492 (Me. 1972) (procedural posture treating single-justice reinstatement decision as trial-court judgment)
- Kurtz & Perry, P.A. v. Emerson, 8 A.3d 677 (Me. 2010) (explaining collateral estoppel/issue-preclusion standards)
- State v. Jones, 55 A.3d 432 (Me. 2012) (standard of review for alleged procedural due process violations)
