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Florida Board of Bar Examiners re M.B.S.
Florida Supreme Court
955 So. 2d 504 (2007)
M.B.S. (defendant) applied for admission to the Florida Bar (the bar). After an investigation, the Florida Board of Law Examiners (the board) (plaintiff) served four specifications, charging that M.B.S. had (1) engaged in illegal, irresponsible, or improper behavior demonstrating a lack of respect for the law and the rights of others, based on nine instances of conduct for which M.B.S. was arrested, charged, or sentenced for criminal offenses; (2) submitted false information on his law-school application, including fictitious jobs, employers, and volunteer activities; (3) submitted false information to the court on an application to participate in a law-school clinical program by swearing there was nothing in his background that might reflect adversely on his character; and (4) submitted false information regarding his criminal history on his application for admission to the bar. After a hearing, the board found that the specifications had been proven and were disqualifying but that M.B.S. had proven his rehabilitation by clear and convincing evidence. The evidence established that M.B.S. had suffered from obsessive-compulsive disorder (OCD) and alcoholism. M.B.S. had addressed his alcoholism by joining Alcoholics Anonymous, had performed an extraordinary amount of community service for Legal Aid, and had been involved in multiple community-service organizations that assisted offenders with reentry. M.B.S.’s rehabilitation was demonstrated through documentary evidence, the testimony of character witnesses, and M.B.S.’s own testimony. The board recommended that M.B.S. be granted a conditional admission for three years. The Florida Supreme Court denied M.B.S.’s application for admission. M.B.S. moved for rehearing.
Rule of Law
Holding and Reasoning (Per curiam)
Dissent (Anstead, J.)
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