The law is an ass, most definitely….

It is not a question of “only a DUI” or having a “clean slate” it has more to do with a person disclosing these things, embarrassing as they may be, when required by a organization he/she wants to join.

Freelancer pointed out in his post…

Failure to disclose an arrest, REGARDLESS of case outcome, can disqualify you for the clearance.

Freelancer on October 25, 2006 at 12:26 PM

Many moons ago, when I was a minor, I was arrested for trespassing.

In my case the DA dropped the charges so I never went to trial.

A few years later I went to see a USAF recruiter and one of the questions was “Have you ever been arrested?”

I asked arrested or convicted? He said arrested.

I told him about that time. He reached down for a book flipped to the job I wanted, read from the book something like “This charge does not disqualify a person for AFSC (security clearance was required). He then made a few notes in my folder, later on I was told I passed the background check, went in for 4 years and got out.

If O’Malley had told the truth on his application I doubt this would be an issue today. Instead he decided to lie and now it is coming back to haunt him (as it should).

Note: Mr. O’Malley was not found “innocent”. He was found “not guilty”. Big difference (I am not aware of any state that has a finding or plea of “innocent”).

Should I be required to list this incident when I run for Congress??

GregH on October 25, 2006 at 9:38 AM

Are you considering a run?

Never mind, I couldn’t remember them all anyway.

The application for the Maryland Bar Exam has many requirements. The section concerning any criminal proceedings falls under Section II “Character Questionaire”. In this section an applicant must reveal his credit worthiness, give character references, employment history, schools attended and degrees, and criminal history.

The applicant certifies that they have responded “fully and candidly” and that their responses are “accurate and current”. The applicant must also declare that “under the penalties of perjury” the matters and facts in the application are “true and correct”.

Even if, as you say, a DUI were “no big deal”, the rules of the Maryland Bar say it is. The fact of the matter is that a DUI would not preclude him from taking the exam and being admitted. He would however have a lot of explaining to do.

In your 2nd point, your right. He does have a “clean slate” as far as convictions go. Again, however, the application requires disclosure of “citations” among other things.

He did not disclose the citation for DUI, therefore his responses were not accurate, true or correct.

Those are the rules, clearly stated in the documents. He chose to violate the rules by failing to disclose. He can be brought up before the bar and sanctioned or suspended.

I’m BacaDog and I approve this message…….

(1) this is only a DUI, I dont see that as a big deal. it is not a crime “of moral turpitude” in legal parlance.

(2) the guy was found not guilty, doesnt that mean he should have a clean slate? why did he “lie for 20 years” because he didnt advertise that he was charged and then acquitted?

“The following is a complete record of all criminal proceedings (including traffic citations, arrests, and summonses) to which I am or have ever been a party.”

As you can see, the requirement, in part, includes citations. There is no mention of prosecution or guilt.

If, in fact, he neglected to include a DUI citation, he’s guilty of omitting that from his application. For this reason alone, he can be disbarred.

I am Bacadog and I approve this message……….

“The following is a complete record of all criminal proceedings (including traffic citations, arrests, and summonses)to which I am or have ever been a party. I have listed here all motor vehicle citations for moving violations (including all speeding citations) and excluded only occasional parking violations.”

As you can see they require an applicant to list all citations, arrests or summonsses. No distinction made for whether any resulted in convictions.

So, if he neglected to include his citation for DUI, he did not fully meet the disclosure requirements.

Not that I had any arrests.

Though someone I know did and had to disclose a trespass arrest for swimming in someone’s pool under the mistaken belief that he had permission.

You wouldn’t want total scum being admitted to the bar just because they had been acquitted, right?

There are books written on how to get a not guilty verdict against a DUI charge. The police hardly ever file the charge without solid evidence, and still many get off.

Failure to disclose an arrest, REGARDLESS of case outcome, can disqualify you for the clearance.

So apparently this state bar association wants to know about the legal history of its member. That’s so unfair, seeing as how its an association of LAWYERS.

If a Democrat uncovers dirt on a Republican, it’s the Republican’s fault for having the dirt. If a Republican uncovers dirt on a Democrat, it’s the Republican’s fault for doing the digging.

Good DAY!

It is not getting any press whatsoever, but here in California we have a similar situation with Jerry Brown who is running for Attorney General. He has not met the requirement that a candidate for such office be admitted to the California Bar for five years immediately preceding their election.

Has he accepted responsibility for his not being eligible to run for the office??? Of course not. He is fighting it tooth and nail. Has refused service (lawsuit to prove he is ineligible) fought an expedited hearing to have the matter decided BEFORE the election. Basically he has done everything possible to avoid a hearing on the merits of his MERITS as a candidate.

He would rather try to win first and deal with the issue later, all at the expense of the people of California. And they say Republicans disenfranchise the vote/voters.

O’Malley lies, then tries to blame that on Gov. Robert L. Ehrlich Jr. How liberal of him!

It is President Bush’s fault.

If North Korea’s nuclear program (started in the early 90′s?) is Bush’s fault, no reason this couldn’t have been his fault too.

yeah, I got pulled over for DUI, didn’t get charged, but I was pulled over. What can I say? I was young and stupid.

I’ll respect them much more than someone who tries to lie and bluff his way through something.