In re Reinstatement of Gunter, 344 Or. 368

Summary

The Oregon Supreme Court denied Bruce A. Gunter's application for reinstatement as an active member of the Oregon State Bar. The court held that Gunter failed to establish by clear and convincing evidence that he presently possessed good moral character and general fitness to practice law, particularly in light of his history of substance abuse, employment conduct, and financial dealings. The court reviewed the disciplinary record de novo and affirmed the denial of reinstatement.

Holdings

1. An applicant for reinstatement must prove by clear and convincing evidence that the applicant presently possesses good moral character and general fitness to practice law and that resuming practice will not be detrimental to the administration of justice or the public interest.
2. Gunter failed to prove by clear and convincing evidence that he had adequately resolved his prior substance-abuse problems and that his substance-use history did not make him a danger to the public or impair his ability to practice law.
3. Gunter's employment conduct, failure to make amends for past financial obligations, conduct involving the NASD supervisory plan, repeated bankruptcies, and related financial circumstances raised substantial doubts about his moral character and financial responsibility.
4. On the circumstances presented, Gunter's reliance on the mortgage broker's statements regarding disclosure of liabilities and tax debt did not, by itself, reflect adversely on his moral character.

Questions Presented

1. Whether Gunter proved by clear and convincing evidence that he presently possessed good moral character and general fitness to practice law.
2. Whether Gunter proved that resuming practice would not be detrimental to the administration of justice or the public interest.
3. Whether Gunter demonstrated the requisite learning and ability to practice law after being inactive, suspended, or resigned for the periods specified in BR 8.1(c).

Disposition

other