•  
  •  
 

Authors

Stephen Fedo

Abstract

Although every applicant for admission to the Illinois bar is required to demonstrate good moral character and general fitness to be licensed to practice law, few lawyers and would-be lawyers are familiar with what constitutes proof of character and fitness or the procedures by which such proof is to be made. This Article offers a general introduction to the procedural form and substantive elements of determinations of character and fitness under Illinois Supreme Court Rules. The subjects discussed are: the character and fitness process as a litigated proceeding; the relevant matters to be proved; the four levels of evidentiary review, and how the procedures at each level affect substance and the burden of proof; the formal Rule 9 hearing and the role of counsel appointed to present matters adverse to the applicant; posthearing matters, including review by the Illinois Supreme Court; and the special problem of considering disability when determining character and fitness. The Article concludes with a discussion of the 2000 decision, In re Krule, the Supreme Court’s last opinion on character and fitness.

Share

COinS