IN RE: COMMITTEE ON BAR ADMISSIONS CFN-80170 (2024)

Admission denied. See per curiam.

JBM

JLW

JDH

SJC

JTG

WJC

PDG

Supreme Court of Louisiana June 05, 2024

06/05/2024

SUPREME COURT OF LOUISIANA

NO. 2024-BA-0531

IN RE: COMMITTEE ON BAR ADMISSIONS CFN-80170

BAR ADMISSIONS PROCEEDING

PER CURIAM

Petitioner sat for the February 2024 Louisiana bar examination, which was administered by the Committee on Bar Admissions (“Committee”) at the Pontchartrain Center on February 19, 21, and 23, 2024. On Wednesday, February 21, petitioner entered the Pontchartrain Center with writing on the palm of his left hand. The Committee made this discovery after petitioner had taken the Torts exam and before the next exam (Business Entities) was scheduled to begin.

The Committee subsequently conducted an investigation of the incident. The investigation included a review of photographs of petitioner's hand. The Committee also took the sworn statement of the security officer who first discovered the writing on petitioner's hand, and reviewed surveillance footage from the Pontchartrain Center. Finally, the Committee obtained a written statement from petitioner dated February 28, 2024, in which he denied any intention to cheat.

At the conclusion of its investigation, the Committee determined that petitioner “entered the testing facility with study material written on [his] hand,” and that the study material related to the Torts exam. The Committee determined that this conduct constitutes (1) cheating on the bar exam; (2) dishonest and deceptive conduct; and (3) a violation of the Code of Conduct. Accordingly, by letter dated March 27, 2024, the Committee declined to certify petitioner for admission to the bar. By letter dated April 26, 2024, the Committee informed petitioner that his “scores for the February 2024 bar examination have been invalidated” and he has “received zeros on each of the nine sections of the bar examination.”

Thereafter, petitioner filed the instant application in this court, seeking the appointment of a commissioner to take character and fitness evidence. The Committee filed a response to the petition, arguing that petitioner cheated on the bar exam and that he should be permanently denied admission as a result.

Supreme Court Rule XVII, § 8(D) addresses cheating on the bar exam. The rule provides:

In the event the Court determines that an applicant cheated, aided or assisted another applicant in cheating on the written examination, or attempts to cheat or aid or assist another in cheating, the applicant shall fail the examination and the Court may permanently prohibit the applicant from reapplying. If the applicant has already been admitted, the Court may order that disciplinary proceedings under La. S. Ct. Rule XIX be commenced. [Emphasis added.]

In the instant case, we have determined that petitioner brought study materials into the examination facility in the form of Torts notes written on the palm of his left hand. We further find that such conduct constituted cheating by petitioner.

As we observed in In re: Lamont, 04-2364 (La. 4/4/06), 929 So. 2d 1228, and In re: Rojas, 04-1819 (La. 4/4/06), 929 So. 2d 1229, “[c]heating on the bar examination is a particularly egregious act of dishonesty which we cannot excuse or overlook.” Therefore, we will deny petitioner's application for the appointment of a commissioner. Petitioner shall be permanently denied admission to the Louisiana bar.

ADMISSION DENIED.