Rule IV
Good Moral Character and Fitness Requirement
(a) No one shall be eligible for
admission to the Texas Bar or for certification as a Foreign Legal Consultant
until the investigation of such person’s moral character and fitness has been
completed, and it has been determined by the Board that such individual
possesses good moral character and fitness.
(b) Good moral character is a
functional assessment of character and fitness of a prospective lawyer. The
purpose of requiring an Applicant to possess present good moral character is to
exclude from the practice of law those persons possessing character traits that
are likely to result in injury to future clients, in the obstruction of the
administration of justice, or in a violation of the Texas Disciplinary Rules of
Professional Conduct. These character traits usually involve either dishonesty
or lack of trustworthiness in carrying out responsibilities. There may be other
character traits that are relevant in the admission process, but such traits
must have a rational connection with the Applicant’s present fitness or capacity
to practice law and accordingly must relate to the legitimate interests of Texas
in protecting prospective clients and in safeguarding the system of justice
within Texas.
(c) Fitness, as used in these
Rules, is the assessment of mental and emotional health as it affects the
competence of a prospective lawyer. The purpose of requiring an Applicant to
possess this fitness is to exclude from the practice of law any person having a
mental or emotional illness or condition which would be likely to prevent the
person from carrying out duties to clients, courts or the profession. A person
may be of good moral character, but may be incapacitated from proper discharge
of his or her duties as a lawyer by such illness or condition. The fitness
required is a present fitness, and prior mental or emotional illness or
conditions are relevant only so far as they indicate the existence of a present
lack of fitness.
(d) The following provisions shall
govern the determination of present good moral character and fitness of a
Declarant or an Applicant who has been convicted of a felony in Texas or placed
on probation for a felony with or without an adjudication of guilt in Texas, or
who has been convicted or placed on probation with or without an adjudication of
guilt in another jurisdiction for a crime which would be a felony in Texas. A
Declarant or Applicant may be found lacking in present good moral character and
fitness under this rule based on the underlying facts of a felony conviction or
deferred adjudication, as well as based on the conviction or probation through
deferred adjudication itself.
(1) The
record of conviction or order of deferred adjudication is conclusive evidence of
guilt.
(2) An
individual guilty of a felony under this rule is conclusively deemed not to have
present good moral character and fitness and shall not be permitted to file a
Declaration of Intention to Study Law or an Application for a period of five
years after the completion of the sentence and/or period of probation.
(3) Upon a
credible showing that a felony conviction or felony probation, either with or
without an adjudication of guilt, has been reversed on review by an appellate
court, or that an executive pardon has been granted, the Declarant or Applicant
shall be permitted to file a Declaration of Intention to Study Law or an
Application.
(e) The following provisions shall
govern the determination of present good moral character and fitness of a
Declarant or Applicant who has been licensed to practice law in any jurisdiction
and has been disciplined, or allowed to resign in lieu of discipline, in that
jurisdiction.
(1) A
certified copy of the order or judgment of discipline from the jurisdiction is
prima facie evidence of the matters contained in such order or judgment, and a
final adjudication in the other jurisdiction that the individual in question has
committed professional misconduct is conclusive of the professional misconduct
alleged in such order or judgment.
(2) An
individual disciplined for professional misconduct in the course of practicing
law in any jurisdiction or an individual who resigned in lieu of disciplinary
action (“disciplined individual”) is deemed not to have present good moral
character and fitness and is therefore ineligible to file an Application for
Admission to the Texas Bar during the period of such discipline imposed by such
jurisdiction, and in the case of disbarment or resignation in lieu of
disciplinary action, until the disciplined individual has filed an application
for reinstatement in the disciplining jurisdiction and obtained a final
determination on that application.
Notwithstanding the foregoing provision of this subsection (e)(2) and except as
provided in Rule IV(d)(2), if the period of discipline imposed by another
jurisdiction exceeds five years, the disciplined individual may file an
Application after the expiration of five years from the date of imposition of
such discipline, provided that (s)he has obtained a final determination on
his/her application for reinstatement in the disciplining jurisdiction.
(3) The
only defenses available to an Applicant or Declarant under section (e) are
outlined below and must be proved by clear and convincing evidence:
(A) The procedure followed in the disciplining jurisdiction was so
lacking in notice or opportunity to be heard as to constitute a deprivation of
due process.
(B) There was such an infirmity of proof establishing the misconduct in
the other jurisdiction as to give rise to the clear conviction that the Board,
consistent with its duty, should not accept as final the conclusion on the
evidence reached in the disciplining jurisdiction.
(C) The deeming of lack of present good moral character and fitness by
the Board during the period required under the provisions of section (e) would
result in grave injustice.
(D) The misconduct for which the individual was disciplined does not
constitute professional misconduct in Texas.
(4) If the
Board determines that one or more of the foregoing defenses has been
established, it shall render such orders as it deems necessary and appropriate.
(f) An individual who applies for
admission to practice law in Texas or who files a petition for redetermination
of present moral character and fitness after the expiration of the five
year
period required under subsection (d)(2) above or after the completion of the
disciplinary period assessed or ineligibility period imposed by any jurisdiction
under subsection (e) above shall be required to prove, by a preponderance of the
evidence:
(1) that
the best interest of the public and the profession, as well as the ends of
justice, would be served by his or her admission to practice law;
(2) that (s)he
is of present good moral character and fitness; and
(3) that
during the five years immediately preceding the present action, (s)he has been
living a life of exemplary conduct.
(g) An individual who files a
petition for redetermination of present moral character and fitness after a
negative determination based on a felony conviction, felony probation with or
without adjudication of guilt, or professional misconduct or resignation in lieu
of disciplinary action and whose petition is denied after a hearing, is not
eligible to file another petition for redetermination until after the expiration
of three years from the date of the Board’s order denying the preceding petition
for redetermination.
Rulebook
since August 29, 2003
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