Friday, November 21, 2008
The Nebraska Supreme Court issued an opinion today granting a bar applicant permission to sit for the bar examination. The applicant had previously been denied this opportunity in light of issues relating to his mental health and inappropriate behavior:
There was also a lack of evidence of rehabilitation in the record at the time. We cited the fact that Hartmann was still undergoing treatment and stated that the record did “not afford a sufficient basis for predicting when, if, or how” resolution of his psychological condition would occur.
Our previous opinion suggested that Hartmann would be eligible to sit for the bar examination if he could sufficiently demonstrate that he had resolved his psychological condition. Although the Commission has good reason to be reluctant to grant Hartmann’s application, the record before us indicates that Hartmann complied with the conditions set forth in our prior opinion. As noted, we denied Hartmann’s application for admission to the bar based on his history of alcohol abuse and inappropriate conduct with underage girls, including his niece.
The record shows that since our denial of Hartmann’s previous application, he completed counseling and is taking antidepressant medication. Testimony from Dr. Larson indicated that Hartmann was unlikely to repeat his inappropriate behavior. Hartmann has expressed remorse for the behavior that ledto the criminal charges, although he also expressed resentment against his niece and her immediate family for what he insists are false allegations of other conduct which have never resulted in criminal prosecution. Hartmann presented a substantial number of letters in support of his application from those who know him through his employment in the military, in his construction job, and through his volunteer work.