Summary
The Ohio Supreme Court disapproved Brian Scott Bonetti’s applications to take the Ohio bar examination and for admission to practice law. The court held that Bonetti’s failure to participate in the character-and-fitness proceedings prevented him from meeting his burden of proving his present character, fitness, and moral qualifications.
Topics
Practice areas
Questions Presented
- Whether Bonetti's failure to participate and cooperate in the character-and-fitness proceedings prevented him from establishing his present character, fitness, and moral qualifications for admission to the Ohio bar and permission to take the bar examination.
- Whether the Board of Commissioners on Character and Fitness's recommendation to disapprove Bonetti's applications should be accepted.
Holdings
- An applicant who fails to cooperate and participate in the character-and-fitness process cannot sustain the burden of proving, by clear and convincing evidence, the present character, fitness, and moral qualifications required for admission or permission to take the Ohio bar examination.
- The court accepted the Board of Commissioners on Character and Fitness's recommendation and disapproved Bonetti's application to take the Ohio bar examination and his application for admission to practice law in Ohio.
Key quotations
“Over a seven-month period, [the applicant] diverted funds from thirteen loans he made to customers of the bank. In each instance, [the applicant] caused one or more checks to be issued that he used to make loan payments that directly or indirectly benefited him, or to make deposits into accounts in which he had a direct or indirect beneficial interest.” (114)
“In this case, Applicant, Brian Bonetti, has failed to cooperate with the Admissions Office and the Panel. He has failed to respond to numerous phone messages, email messages, and letters regarding this sua sponte investigation.” (115)
Factual background
Brian Scott Bonetti sought permission to retake the Ohio bar examination after previously failing to pass it. The United States Department of the Treasury's Office of the Comptroller of the Currency found by default that Bonetti had misappropriated loan proceeds, falsified loan documents, caused a loss to a bank, and personally gained more than $19,000. After the Ohio bar authorities initiated a character-and-fitness investigation, Bonetti failed to respond to repeated calls, emails, letters, notices, and a prehearing conference.
Procedural history
Bonetti applied to retake the Ohio bar examination. After the Office of Bar Admissions learned of federal banking misconduct findings against him, the Board of Commissioners on Character and Fitness initiated a sua sponte investigation. Bonetti failed to respond to communications, participate in a prehearing conference, or appear in the character-and-fitness process. The board adopted the panel's recommendation of disapproval, and the Supreme Court of Ohio accepted that recommendation.
Remand instructions
No remand. To apply in the future, Bonetti must complete the entire admission process again, including filing applications to register as a candidate and to take the bar examination, undergoing the character-and-fitness-review process, and obtaining a report from the National Conference of Bar Examiners.