In re Jenkins, 278 Ga. 529

Summary

The Supreme Court of Georgia affirmed the Board to Determine Fitness of Bar Applicants' denial of Michael Grady Jenkins's certification to sit for the bar examination. The court held that the applicant bears the burden of proving the requisite character and moral fitness, and that the Board's decision must be upheld if supported by any evidence. The court concluded that the evidence regarding Jenkins's absences from judicial duties, lack of candor, and unauthorized practice of law supported the denial.

Holdings

1. The hearing officer's findings of fact and recommendations are not binding on the Board, which may independently determine whether an applicant possesses the requisite character and moral fitness to practice law.
2. The Judicial Qualifications Commission's findings and conclusions, while relevant to an applicant's fitness, are not determinative of the Board's ultimate fitness decision and are not binding on the Supreme Court.
3. The Board's denial of Jenkins's certification was supported by the evidence and therefore had to be upheld.

Questions Presented

1. Whether the Board to Determine Fitness of Bar Applicants could deny Jenkins certification despite the hearing officer's recommendation that he be certified.
2. Whether the Board was bound by the Judicial Qualifications Commission's findings and recommendation concerning Jenkins's conduct.
3. Whether the Board's denial of certification was supported by any evidence.

Disposition

affirmed