SEPTEMBER 2006

Admissions Department

THE CHARACTER AND FITNESS PROCESS FOR NEVADA LAWYERS

BY ANDREA A. HAMMOND, ASSISTANT DIRECTOR OF ADMISSIONS, STATE BAR OF NEVADA

Most of us are aware that taking and passing a bar exam is a necessary evil in order to practice law (with the exception of Wisconsin, where law school graduates are admitted to the bar via diploma privilege, without first sitting for the bar examination).  What many prospective lawyers, and the general public for that matter, fail to realize is that most states also implement a thorough character and fitness background investigation of all bar applicants as well.  Nevada has one of the most stringent character and fitness background checks in the United States.

The Nevada Character and Fitness Committee was formed on September 29, 1993 as a subcommittee of the Board of Bar Examiners.  The committee is comprised of nine members who are active members of the State Bar in both the Northern and Southern Districts of Nevada. The current members include Michael Rowe (Chair), John Bailey (Vice-Chair), Janet Blumen, Margo Piscevich, John Redlein, Kevin Kelly, Lori Story, Michael Mersch and John McMillan.  The committee also has two lay members who are experts in their respective fields – Dr. Michael Levy, Addiction Medicine and Dr. Gregory Brown, Psychologist.

Pursuant to SCR 51, the committee has the authority to examine an applicant’s moral character and fitness.  Applications are initially screened by the Admissions Director and, should a serious issue arise, they are sent on to the committee for further review.  Depending on the severity of the issue, an Informal or Formal Hearing may be scheduled.  An Informal Hearing is basically a meeting with a member of the Character and Fitness Committee and the Director of Admissions.  An Informal Hearing can last anywhere from thirty minutes to an hour and a decision is usually rendered the same day.  An applicant may either be cleared or held over for a Formal Hearing.

If the committee wants to investigate further into an applicant’s moral character and fitness, a Formal Hearing may be held before the entire panel or a quorum, which constitutes four members of the committee.  A Formal Hearing may last anywhere from one hour to a full day.  One of four things may occur after a Formal Hearing; an applicant may be cleared, admission may be on a conditional basis, admission may be deferred for a period of time or an applicant may be denied.  A written recommendation is then forwarded to the Nevada Supreme Court for its review.  

If an applicant is denied admission he/she may file an appeal with the Nevada Supreme Court within thirty days of the date of notice.  Should the Court agree with the committee’s recommendation, it may deny the applicant’s petition.  However, should the Court agree that the applicant has demonstrated that he/she is of good moral character and fitness to practice law in the State of Nevada, the Court may grant relief.