In Bar Application of Simmons
414 P.3d 1111, 190 Wash.2d 374 (2018)
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Rule of Law:
The determination of a bar applicant's good moral character and fitness to practice law is made on an individualized, holistic basis, where a history of criminal conduct or substance abuse is not a categorical bar to admission if the applicant can prove sufficient rehabilitation and present good character through a sustained period of exemplary conduct.
Facts:
- Tarra Denelle Simmons was born to parents with substance abuse problems and grew up in poverty, experiencing violence and periods of homelessness.
- As a juvenile, Simmons was adjudicated for theft, possession of stolen property, and second degree assault.
- As an adult, Simmons struggled with addiction, leading to a 2001 conviction for second degree assault and five 2011 convictions for organized retail theft, unlawful possession of a firearm, and possession of controlled substances.
- As a result of her adult convictions, Simmons served over three years in prison, had her nursing license placed on probation, and underwent two bankruptcies and a home foreclosure.
- Beginning in late 2011, Simmons engaged in meaningful treatment for her trauma and addiction and has maintained sobriety since September 2011.
- Following her release, Simmons became an advocate for formerly incarcerated individuals, graduated magna cum laude from Seattle University School of Law, was a dean's medal recipient, and became the first student at her school to be awarded a prestigious two-year Skadden Fellowship.
- Simmons was candid about her past on her bar application and has not been accused of any criminal or unethical behavior since 2011.
Procedural Posture:
- Tarra Denelle Simmons applied to sit for the summer 2017 Washington State Bar Examination.
- Counsel for the Washington State Bar Association (WSBA) referred Simmons' application to the WSBA Character and Fitness Board (Board) for review.
- The Board held a hearing on April 14, 2017.
- By a vote of six to three, the Board recommended that Simmons' application to sit for the bar exam be denied.
- Simmons petitioned the Supreme Court of Washington for review of the Board's recommendation.
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Issue:
Has a bar applicant with a history of extensive criminal conduct and substance abuse shown by clear and convincing evidence that she is currently of good moral character and possesses the requisite fitness to practice law, after more than five years of sobriety and positive life changes?
Opinions:
Majority - Yu, J.
Yes. A bar applicant with a past history of criminal conduct and substance abuse can demonstrate the requisite good moral character and fitness to practice law by showing sufficient evidence of rehabilitation. The court found that Simmons' six-year record of sobriety, exemplary conduct, complete candor, and demonstrated ability to handle high-pressure situations was sufficient to establish her current good moral character. The court disagreed with the Character and Fitness Board's conclusion that Simmons' period of recovery was too short, citing social science research indicating that after five years of sobriety, the likelihood of relapse decreases significantly. The court also rejected the Board's characterization of Simmons as having a 'sense of entitlement,' viewing her pride in her accomplishments and public advocacy as earned and central to her mission, rather than as a negative character trait. Emphasizing that the inquiry must be individualized, the court declined to adopt a bright-line rule for the required length of recovery and held that Simmons had met her burden of proof.
Analysis:
This decision reinforces the principle that rehabilitation is a central consideration in character and fitness evaluations for bar admission, rejecting categorical exclusions for applicants with criminal records or substance abuse histories. The court's reliance on social science research to assess the likelihood of relapse introduces a more evidence-based approach to evaluating the recency of misconduct and the length of recovery. This case sets a significant precedent in Washington, and potentially influences other jurisdictions, by favoring a holistic, individualized review over rigid, time-based disqualifiers. It may encourage more applicants with difficult pasts to seek admission to the bar, potentially increasing the diversity of experience within the legal profession.
