News Archive
Supreme Court Denies Hamm Application for Admission
Dec 08, 2005
In a unanimous decision, the Arizona Supreme Court has denied the application of James Hamm for admission to the Bar. AACJ had appeared as amicus curiae in the case.
Hamm, convicted of first degree murder in connection with the 1974 slaying of two men, served 17 years as a model prisoner before being released on parole on a commuted sentence and ultimately being given an absolute discharge. While on parole, Hamm attended and graduated law school.
The Committee on Character and Fitness had recommended that the Court deny Hamm's application. The State Bar filed an amicus brief arguing for a per se rule excluding persons who had been convicted of serious crimes from admission, regardless of any evidence of rehabilitation.
AACJ's brief did not directly address the merits of Hamm's application. Rather, we urged the Court not to adopt a per se rule regarding such applicants, but instead to consider each case on its individual merits, giving appropriate weight to evidence of rehabilitation. Without specifically discussing the positions taken in the various briefs, the Court adopted the approach advocated by AACJ, giving serious consideration to Hamm's exemplary efforts at rehabilitation.
Nevertheless, the Court concluded that despite this evidence, Hamm failed to show the requisite good moral character for admission. "Even assuming that Hamm has established rehabilitation, showing rehabilitation from criminal conduct does not, in itself, establish good moral character. Rehabilitation is a necessary, but not sufficient, ingredient of good moral character. An applicant must establish his current good moral character, independent of and in addition to, evidence of rehabilitation. We conclude that Hamm failed to make that showing."
AACJ thanks Mike Kimerer, Marty Lieberman, Amy Nguyen, Carla Ryan and Andy Silverman for their excellent work on the brief and at argument. AACJ's brief is available to members in the Document Library. The Court's opinion is available on its website.