In re R.M.C.

Bar applicant who did not make a consistent effort to pay defaulted student loans or other outstanding debts and who claimed indigence in a civil suit despite having received an income was unfit for certification to practice law.

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R.M.C. filed an application for certification of fitness to practice law. The Board to Determine Fitness of Bar Applicants Board tentatively denied the application based on R.M.C.’s failure to resolve certain debts and to supply requested information regarding outstanding and defaulted loans and other debts; on irregularities, including a lack of candor, in the filing of an affidavit of indigence in a civil action; and on a lack of cooperation with the Board’s attempts to obtain information. Pursuant to R.M.C.’s request for a formal hearing, a hearing officer was appointed. Following the hearing, the hearing officer recommended denial of certification due to R.M.C.’s lack of fiscal responsibility, failure to cooperate with the Board, and evasive and misleading conduct with regard to the affidavit of indigence. The Board subsequently issued a formal denial of certification, adopting in their entirety the findings and conclusions of the hearing officer. R.M.C. timely initiated an appeal to this Court from that decision.

1. In proceedings of this nature, the burden rests upon the applicant to prove that she possesses the requisite character and moral fitness to gain certification. In re Beasley, 243 Ga. 134 2 252 SE2d 615 1979. Lack of fiscal responsibility, failure to cooperate with the Board, and a lack of candor are all bases on which certification may be denied. In re Johnson, 259 Ga. 509 5 384 SE2d 668 1989; In re Beasley, supra. This Court will uphold the Board’s decision if there is any evidence to support it. In re K.S.L., 269 Ga. 51 2 495 SE2d 276 1998.

In re R.M.C.

Bar applicant who did not make a consistent effort to pay defaulted student loans or other outstanding debts and who claimed indigence in a civil suit despite having received an income was unfit for certification to practice law.

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