Tarra Simmons Opinion Released

The Washington State Supreme Court has filed its opinion finding that Tarra Simmons possesses the character and fitness for Bar admission.

Justice Yu authored the 33 -page opinion

This case concerns a recent law school graduate’s application to sit for the Washington State Bar Examination. Tarra Denelle Simmons has a challenging social history, including long-term substance abuse, multiple criminal convictions, and two bankruptcies. However, in the approximately five and a half years preceding her application to sit for the bar exam, Simmons successfully engaged in treatment for her substance abuse and childhood trauma. She has undisputedly maintained her sobriety since September 2011 and has not been accused of any criminal or unethical behavior since then.

Simmons was entirely candid about her past when she applied to sit for the summer 2017 bar exam, and she readily provided further information as requested by counsel for the Washington State Bar Association (WSBA). Bar counsel referred Simmons’ application to the WSBA Character and Fitness Board (Board), which recommended by a vote of six to three that Simmons’ application be denied. We then reviewed her application and the Board’s recommendation, heard oral argument on November 16, 2017, and granted Simmons’ application in a unanimous order later that day.^ Order, In re Simmons, No. 201,671-5 (Wash. Nov. 16, 2017). We now explain the reasons for our decision.

Tarra’s story in brief

Simmons struggled with addiction for years, and her adult history includes a 2001 conviction for second degree assault and five 2011 convictions for organized retail theft, unlawful possession of a firearm, and possession of controlled substances. As a result of her criminal convictions, Simmons’ nursing license was placed on probationary status, she served a total of over three years in jail and prison, and she underwent two bankruptcies and a foreclosure on her home.

However, when Simmons was sent to prison in late 2011, she began engaging in meaningful treatment for her trauma and addiction for the first time. Since then, she has changed her life to a degree that can only be deemed remarkable, both in terms of the efforts she has put forth and the positive results she has achieved. Simmons has maintained her sobriety and conducted herself with complete openness and integrity over the past six years. She has been candid about her past, demonstrating sincere remorse and working diligently to make amends to her community as an outspoken advocate for civil legal aid with a focus on assisting formerly incarcerated individuals facing barriers to reentry.

Simmons attended the Seattle University School of Law and became the first student in her school’s history to be awarded a two-year public interest fellowship from the Skadden Foundation. She graduated magna cum laude as a dean’s medal recipient in May 2017, and letters from faculty and classmates further make it clear that Simmons was a substantial asset to the entire law school community. Letters from her supervisors and colleagues also unequivocally state that Simmons excelled and exhibited consistently ethical behavior in the five legal internships she completed during law school, in addition to the volunteer and advocacy work that she undertook for no course credit.

The court rejected a bright line time line for proof of rehabilitation but noted that social science generally views five years of sobriety as an indication of a secure recovery.

The court noted that the State Bar had voted against admission and rejected a supposed “sense of entitlement” as a negative factor

But Simmons did not attain her current privileges and recognitions through entitlement. She earned everything she has through dedication, talent, and a staggering amount of hard work. Simmons  rightly takes pride in her extraordinary accomplishments, but there is no evidence that she expects special treatment.

And

At oral argument, bar counsel contended that Simmons used the word “sorry” only once at her hearing before the Board, evincing a lack of remorse. Wash. Supreme Court oral argument, supra, at 44 min., 50 sec. We summarily reject the premise that this word count is an appropriate basis on which to evaluate Simmons’ moral character. We therefore also decline to draw any inferences from the number of times that Simmons referred to her Skadden fellowship or the Skadden Foundation at her hearing. Id. at 27 min., 26 sec.

As to the high-profile of the application

To the extent that the Board was also concerned that Simmons had developed an unwarranted sense of entitlement due to her “acquired fame,” we do not share the Board’s view. Board Majority at 21. Simmons’ public recognition is not evidence that she is acting for her own gratification or to satisfy her own ego. The publicity that Simmons has received supports her continuing sobriety and exemplary conduct and is an important component of her career mission.

An unusual aspect of the opinion contrasts the treatment of an earlier applicant – my colleague and counsel here Shon Hopwood – with that accorded to Ms. Simmons

Unlike Simmons, Hopwood grew up in a relatively emotionally and financially stable family. He did not struggle with addiction or abuse, but he did struggle personally and financially. After his honorable discharge from the United States Navy, he participated in a string of armed bank robberies in.Nebraska in his early 20s. He pleaded guilty to “five felony counts of bank robbery and one felony count of using a firearm during a crime of violence” and served a 10-year prison sentence, Tarra Denelle Simmons’ Mot. for Judicial Notice & to Expand R., Attach. C at 2. After Hopwood completed his sentence and went on to excel in law school, this court granted his application to sit for the bar exam in 2014 in accordance with the Board’s unanimous recommendation. His ethics and abilities as an attorney have never been questioned, and he is, by all accounts, a credit to the profession.

Both Hopwood and Simmons are living examples of a person’s ability to change if he or she has the will and opportunity to do so. Both of their stories attracted media attention, and both of them openly and publicly shared their stories for the benefit of others. Both received extensive support for their applications from the public and from distinguished members of the legal community. The Board found them both to be candid and credible. There is no dispute that both Simmons and Hopwood generally present themselves in a professional and courteous manner, and there is no reason to believe that either one behaved uncharacteristically at the board hearing. Although every bar applicant is unique, we do not believe there is a sufficient basis on which to differentiate between Hopwood’s and Simmons’ respective attitudes toward their prior misconduct and the publicity they have received, except for their gender.

Bottom line

Simmons has proved by clear and convincing evidence that she is currently of good moral character and fit to practice law. We affirm this court’s long history of recognizing that one’s past does not dictate one’s future. We therefore unanimously grant her application to sit for the bar exam.

Our prior coverage – with a link to the oral argument – is linked here. (Mike Frisch)