## Facts

- Melinda Long Holbrook, a 2006 law graduate, applied to register as a candidate for admission to the Ohio bar and to sit for the July 2006 bar examination.
- The Delaware County Bar Association Admissions Committee raised concerns about Holbrook’s pending bankruptcy and allegations of nearly a year of unpaid rent, but approved her character and fitness, attributing the family’s financial problems largely to her husband’s alcohol and gambling addictions.
- The Board of Commissioners on Character and Fitness initiated a sua sponte investigation under Gov.Bar R. I(10)(B)(2)(e) and held a hearing in January 2007.
- Holbrook’s husband operated an electrical contracting business; until 2001 Holbrook served as office administrator and handled the company checkbook, payroll, and tax payments.
- The couple’s finances deteriorated, including foreclosure on an investment property, an attempted purchase of a high-priced home after relocating to Ohio, and leases of expensive residences followed by substantial rent arrearages.
- During law school Holbrook did not work, maintained a high-cost lifestyle, and accumulated significant debt; she and her husband filed for bankruptcy, listing consumer debt, tuition-related obligations, and defaults on business-related surety bonds.
- Holbrook asserted she lacked knowledge of the financial condition because her husband concealed problems and incurred substantial gambling losses; the Board was not persuaded and viewed the record as showing ongoing financial mismanagement attributable to Holbrook’s judgment and choices.

## Issues

1. Whether Holbrook proved the requisite character and fitness—especially “financial and moral responsibility”—to be approved to sit for the Ohio bar examination.
2. Whether Holbrook’s explanations attributing financial problems to her spouse’s addictions and concealment sufficiently mitigated concerns about her judgment, responsibility, and credibility.

## Decision

- The Supreme Court of Ohio adopted the Board’s report.
- The court denied Holbrook permission to sit for the February 2007 bar examination.
- The court ordered that Holbrook not be permitted to reapply until the July 2008 bar examination.
- The court concluded Holbrook had not met her burden to show present character and fitness, given a sustained pattern of financial irresponsibility and inadequate mitigation.

## Legal Principles

- An applicant bears the burden to affirmatively prove present good character and fitness for admission to the bar under Gov.Bar R. I.
- A pattern of financial irresponsibility—such as persistent nonpayment of obligations, living beyond one’s means, and bankruptcy tied to discretionary spending—may demonstrate a lack of “financial and moral responsibility” relevant to an attorney’s trustworthiness.
- Explanations shifting blame to a spouse or external circumstances may be rejected when the applicant’s own conduct reflects poor judgment or acquiescence in financial mismanagement.
- Character-and-fitness determinations may permit a future application after a waiting period if the applicant can later demonstrate improved financial responsibility and rehabilitation.

## Conclusion

The court denied Holbrook immediate access to the bar examination and imposed a reapplication waiting period because the evidence showed sustained financial irresponsibility inconsistent with the financial and moral responsibility required for admission, and her proffered mitigation did not overcome concerns about her own judgment and accountability.


In re Application of Holbrook, 116 Ohio St. 3d 248, 877 N.E.2d 984 (Ohio 2007)