In re Application of Holbrook

Melinda Holbrook (plaintiff) graduated from law school in May 2006 and applied for admission to the Ohio bar. The admissions committee of the Delaware County, Ohio Bar Association (the committee) was concerned that Melinda and her husband, Mark, had a pending bankruptcy proceeding and had failed to pay rent for nearly a year. However, the committee ultimately approved Melinda’s character and fitness for practice, finding that Mark had severe alcohol and gambling addictions that might have caused the Holbrooks’ financial troubles. The Board of Commissioners on Character and Fitness (the board) subsequently opened an investigation into Melinda’s qualifications for bar admission. The board found that Melinda had worked for Mark’s electrical-contracting company in Kentucky until 2001, when the company began having financial difficulties. The Holbrooks stopped making payments on a Kentucky investment property in 2003 and moved from Kentucky to Ohio that year. Melinda enrolled in law school in August 2003, and the Holbrooks’ financial difficulties continued to mount. The Holbrooks defaulted on multiple surety bonds, and they eventually filed for bankruptcy. The Holbrooks’ bankruptcy petition reflected substantial personal debt, including cell-phone bills, credit-card bills, and Melinda’s law-school tuition. Despite the Holbrooks’ increasing debt, Melinda did not work or seek employment during law school, and she drove a Mercedes-Benz. When the board questioned Melinda about her finances, Melinda claimed not to know about the financial difficulties and blamed any financial troubles on Mark’s drinking and gambling. However, the board found that Mark’s gambling played no part in the Holbrooks’ financial problems. The board concluded that Melinda should not be permitted to take the February 2007 bar exam but stated that she could reapply for the July 2008 bar exam if she could demonstrate financial and moral responsibility at that time. Melinda sought review of the board’s determination in the Ohio Supreme Court and presented evidence that Mark had suffered hundreds of thousands of dollars in gambling losses before the Holbrooks’ bankruptcy filing and had concealed the full extent of the losses from Melinda.