Hello tlar,
The short answer to your query is "It depends. Being incarcerated in
the past doesn't absolutely preclude you from practicing law, but it
*might*."
The longer answer is a little more complicated than that. I've
confined the answer specifically to the requirements of the State Bar
of Michigan, since requirements for "moral character" vary from state
to state.
The requirements for admission to the State Bar of Michigan are set by
the Michigan Supreme Court in the Rules for the Board of Law
Examiners. Specifically, applicants must:
-- be 18 years of age or older
-- be possessed of "good moral character"
-- have completed (prior to entering law school) at least 60 semester
hours or 90 quarter hours toward an undergraduate degree from an
accredited school.
-- obtain a JD, LLB, or LLM degree from a “reputable and qualified”
law school
Applicants must also pass the Multistate Professional Responsibility
Examination (MPRE) with a scaled score of 75 or better and undergo a
background check.
Why a background check? According to the Michigan State Bar:
"The character and fitness investigation process is the method by
which the Supreme Court attempts to ensure that an applicant currently
meets minimum standards for admission to the bar. It is proper
therefore for a state to require high standards of qualification, as
long as the qualifications have a rational connection with the
applicant’s fitness or capacity to practice law. “Good moral
character” entails honesty, respect for the rights of others and for
the law, trustworthiness, reliability, and commitment to judicial
process and to the efficient administration of justice."
The page goes on to note that no single incident will necessarily
preclude admission to the Bar, as the Standing Committee on Character
and Fitness bases its decisions on current fitness as well as past
actions, and provides a list of what the Committee considers with
regard to past conduct:
-- age at the time of the offens
-- reliability of the information regarding the offense
-- whether the past conduct is isolated or part of a pattern
-- whether there were mitigating or aggravating circumstances
-- how much time has passed since the offense
-- whether there have been more recent incidents
-- whether or not rehabilitation has been accomplished/restitution
been made
-- willingness of the applicant to cooperate with authorities at time
of offense
-- whether a licensed lawyer would be subject to discipline for the
conduct
-- honesty of the applicant when explaining the conduct (forthcoming
or reticent?)
-- whether or not the applicant takes responsibility for the behavior
-- whether or not the applicant has omitted details, been inconsistent
or has misrepresented the nature and seriousness of the conduct
-- whether or not the applicant can show understanding of how the
conduct might relate to one's fitness as an attorney
Additionally, the State Bar of Michigan lists some specific areas
which might cause problems:
-- history of criminal conduct
-- evidence of drug or alcohol abuse
-- evidence of mental or emotional instability
-- financial responsibility
-- handling of personal finances
-- history of bad debts
-- bounced checks
-- failure to pay taxes
-- breach of fiduciary duties in employment
-- previous dealings with the legal system
[ Source: Admission Process - State Bar of Michigan -
http://www.michbar.org/admission/admission.html ]
For more specific information, all forms, rules and instructions are
available on the State Bar of Michigan website here:
Details
http://www.michbar.org/admission/barkit.html#detail
...and the State Bar of Michigan Standing Committee on Character and
Fitness Rules of Procedure are here:
State Bar of Michigan Standing Committee on Character and Fitness
Rules of Procedure
http://www.michbar.org/admission/procedure.html
I hope you find this helpful. If you need further assistance, please
ask for clarification and I'll be happy to help.
--Missy
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