Character and Fitness Determination and Appeal Process for Denials    

     Applicants must submit a completed and typed application with appropriate filing fees, setting forth the matters that the board deems necessary, including background information pertaining to character, education and employment, in order for a character and fitness determination to be made.  The board staff reviews the applications and may use other means of investigation to determine the fitness and qualifications of the applicant.  Upon initial review, the board, through the executive director, may find that the applicant does not appear to possess the fitness and general qualifications requisite to become a member of the bar of the commonwealth of Pennsylvania.  In these instances, the applicant is notified in writing of such initial finding and subsequent denial by the executive director.  The applicant has 30 days to request a hearing in order to appeal the executive director’s denial, unless the denial was for scholastic reasons.  Denial for scholastic reasons is not subject to review pursuant to Pa.B.A.R. 213(a).  Present at the hearings are the applicant, applicant's counsel (if they have retained counsel), relevant witnesses, board staff if applicable, the board member(s) serving as the hearing officer, and a court stenographer to record the hearing. 

     The hearing length varies depending on the type and number of issues discussed in the hearing, and the number of witnesses, if any, that are present.  Only one applicant is considered at a hearing, and only applicants who are denied a certification recommending admission to the bar of the commonwealth of Pennsylvania may request a hearing.  All applicant files must be approved by the Executive Director, or by the board if the applicant was initially denied by the Executive Director, for the applicant to receive his or her Certificate Recommending Admission to the Bar of the Commonwealth of Pennsylvania.  If the applicant is denied by the board subsequent to a hearing, the applicant may seek judicial review by the Supreme Court of Pennsylvania.  Please refer to Pa.B.A.R. 213(b) and 222 for additional information relating to hearings and appeal