If At First You Don't Succeed...

The D.C. Court of Appeals denied admission to a candidate who had passed the bar examination after failing on 12 previous attempts and who had also failed on 6 attempts to pass the Virginia bar. The court held that the applicant had failed to establish good moral character in light of evidence that he had cheated on an earlier exam and had attempted to get a disability accommodation without justification. The cheating incident involved a bathroom break where the proctor followed the applicant into the rest room and observed him through a crack in the stall. The proctor saw note cards that the applicant cut up and flushed down the toilet. The court considered the issue of who bears the burden of proof in a bar admission case. (Mike Frisch)