About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

29 Geo. J. Legal Ethics 1427 (2016)
The Immoral Character of Good Moral Character - The Discriminatory Potential of the Bar's Character and Fitness Determination in Jurisdictions Employing Categorical Rules Preventing or Impeding Former Felons from Being Barred

handle is hein.journals/geojlege29 and id is 1444 raw text is: The Immoral Character of Good Moral Character-The Discriminatory Potential of the Bar's Character and Fitness Determination in Jurisdictions Employing Categorical Rules Preventing or Impeding Former Felons from Being Barred SYDNEY WRIGHT-SCHANER* INTRODUCTION What should good moral character mean for the purposes of becoming a member of the bar? Should this determination turn on whether the applicant has a record unmarred by any unlawful conduct, or merely on whether his record is recently unblemished? And when should a record be disqualifying? Part I of this Note will focus on how different state bars currently consider good moral character for the purposes of their Character and Fitness determination and the potential implications of these standards with regard to barring former felons. Part II will argue that state bars or jurisdictions that employ categorical rules, or functional equivalents, preventing former felons from becoming barred, are not only harming ex-felons, but are fostering societal ills. Part II will further contend that categorical rule jurisdictions should adopt a totality of the circumstances consideration in order to mitigate harm to former felons and society, which will allow for more just and accurate determinations of present good moral character. Part III will assert that stringent categorical rules might have a disproportionate invidious effect on African American applicants to the bar, due in part to a criminal justice system particularly draconian in its treatment of African Americans.' The current standards, which might facilitate discrimina- tion, especially against a minority already grossly underrepresented in the legal profession,2 raise pressing ethical concerns that should be considered. I. THE SHADOWY BOUNDS OF GOOD MORAL CHARACTER The legal profession is guided by stringent ethical standards by which attorneys are expected to abide should they wish to continue to practice law. Even before becoming a member of the bar, each jurisdiction requires candidates to * J.D., Georgetown University Law Center (expected May 2017); B.A., Hamilton College (2013). © 2016, Sydney Wright-Schaner. 1. See infra Part III. 2. See infra Part III.B. 1427

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most