Louisville Courier Journal - October 26, 2002
By Deborah Yetter
Former U.S. Rep. Carroll Hubbard, who served two years in prison on federal corruption charges, has regained his license to practice law in Kentucky.
The state Supreme Court -- which has the final word on lawyer discipline in Kentucky -- overturned the 16-0 vote of the Kentucky Bar Association board and decided yesterday, in an unusual move, to give Hubbard back his law license.
The Supreme Court found that the former Western Kentucky congressman -- whose colorful case included an unsuccessful stint as an FBI informant under the code name ''Elmer Fudd'' -- is of ''good moral character'' and deserves a law license. The vote was 7-0.
Bar Association President Beverly Storm, a Northern Kentucky lawyer and one of the 16 who voted against Hubbard's reinstatement, had no comment on the court's decision.
''Our vote is advisory,'' Storm said. ''We are all under the final authority of the Supreme Court. They regulate the practice of law.''
But James C. Turner, executive director of the Washington-based advocacy group HALT Inc. -- Americans for Legal Reform -- said the case illustrates how the legal profession is unable to police itself.
''The right to practice law is not a right, it's a privilege,'' said Turner, himself a lawyer. ''When you've committed felonies that involve moral turpitude, you shouldn't be practicing law.''
But Hubbard, 64, said yesterday that he has put his past behind and looks forward to practicing law in Paducah with his friend, James W. Owens, who represented Hubbard in his effort to regain the law license he surrendered in 1994 after his conviction.
''I have done the best I could to overcome past mistakes and am trying to do what I can to be a plus in the future for this area,'' Hubbard said.
Hubbard, a Democrat who served in the U.S. House from Kentucky's 1st District from 1975 to 1993 and ran unsuccessfully for governor in 1979, pleaded guilty to three felony charges that grew out of an inquiry into the House banking scandal of the early 1990s.
Hubbard admitted to violating federal campaign spending rules; theft and conversion of federal property -- using his congressional staff to help his wife's unsuccessful race for Congress in 1992; and obstruction of justice by trying to conceal records during the House banking investigation. The last charge included staging a burglary at his Paducah office and reporting certain records stolen.
Assistant U.S. Attorney Thomas J. Eicher, who prosecuted Hubbard in U.S. District Court in Washington, declined to comment yesterday on Hubbard's law license.
''He stands convicted of what I would say are very serious offenses,'' Eicher said. ''From our point of view they are serious, and the judge thought they were serious.''
Some states are tougher than others when it comes to re-admitting errant lawyers to the bar, said Jim Grogan, chief counsel for the Illinois agency that disciplines lawyers and recommends whether to re-admit them to law practice.
In Illinois, none of the 15 judges and 49 lawyers convicted in the massive federal ''Operation Greylord'' of the 1980s have regained their law licenses, he said. Most were convicted on bribery and other corruption charges arising from the federal sting investigation of the Chicago court system.
''There's only been one or two from Operation Greylord who attempted to get back in,'' Grogan said. ''No one has been successful.''
Hubbard's effort to serve as an FBI informant during the period he was under investigation drew national attention after he went public in 1993 and complained to the national press that he had been used by federal authorities. Government prosecutors said Hubbard was not reliable and much of his information was useless. Federal prosecutors declined to seek a break in Hubbard's sentence, saying his undercover cooperation did not help them and he blew his cover when he gave interviews to The Washington Post and network news shows about his role.
Hubbard's reinstatement to the legal profession comes 22 months after he first applied for admission to the Kentucky Bar. Under its standard procedure, he was reviewed by a four-member ''character and fitness'' committee, which was to determine whether he is fit to be a lawyer.
The committee held a hearing last October at which Hubbard called witnesses including his brother, lawyer Kyle Hubbard, several friends, his minister and lawyers who vouched for him, according to yesterday's Supreme Court order that summarized the case. Witnesses told the committee Hubbard was remorseful, was eager to make up for his crimes and wanted to work in part to repay a debt of about $411,000 he has accumulated in recent years.
The committee found that Hubbard had been candid in admitting his crimes, accepted responsibility for them and had support from family and friends.
Though troubled by whether Hubbard's re-admission ''would have an adverse impact on the honor and integrity of the legal profession,'' it recommended he be approved for a law license.
Two of the committee members, former Assistant U.S. Attorney Karen Caldwell -- recently confirmed as a U.S. district judge for the Eastern District of Kentucky -- and Louisville lawyer Grant Helman could not be reached for comment.
The committee reviewed the matter in October 2000 and referred it to the Bar Association's board of governors. The board, which must vote on the committee recommendation, rejected it on the 16-0 vote, the Supreme Court order said. The order, which did not say when the vote was taken, said the board believed there was not ''clear and convincing evidence'' that Hubbard had shown the moral qualifications to get his law license back.
However, the Supreme Court, relying on evidence presented to the character and fitness committee, ruled that Hubbard did deserve his license and overturned the board's recommendation.
Kent Westberry, a former bar association board member who was not involved in the Hubbard decision, said he was surprised to see the board overturned.
But ''you have to respect what the court did,'' he said. ''They are the final word.''
The state Supreme Court determined that Carroll Hubbard is of ''good moral character'' and deserves a law license.
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