Law School Misconduct And Candor Concerns Lead To Denial Of Admission In Wisconsin

The Wisconsin Supreme Court agreed with its Board of Bar Examiners that admission was properly denied on character and fitness grounds

This is a review, pursuant to Supreme Court Rule (SCR) 40.08(7), of the final decision of the Board of Bar Examiners (Board) declining to certify that the petitioner, Daniel R. Hausserman, satisfied the character and fitness requirements for admission to the Wisconsin bar set forth in SCR 40.06(1). The Board’s decision was based primarily on  Mr. Hausserman’s conduct in 2015, and his failure to disclose certain matters on his bar application.

The issues

There are, essentially, two concerns here. The most significant involves Mr. Hausserman’s conduct over a period of approximately seven months during and after his final year of law school. The other involves certain shortcomings with his application for admission to the Wisconsin bar…

We have, as counsel for Mr. Hausserman urged, focused carefully on the facts of this record. Mr. Hausserman attended Drake University Law School. In February 2014, when he was 25 and in law school, Mr. Hausserman met B.F., a Drake University undergraduate student, and they began dating. The relationship was serious. In December 2014 the relationship ended. Some communication continued, however, and Mr. Hausserman thought the relationship would resume.

 On March 5, 2015, B.F. filed a complaint with Drake University stating that she was receiving unwanted communications from Mr. Hausserman. Mr. Hausserman’s actions between March and September 2015 are the primary reason his Wisconsin bar application was denied.

On March 9, 2015, Drake University officials advised Mr. Hausserman of the complaint and directed him to cease any further contact with B.F. Within two weeks Mr. Hausserman had contacted B.F. by email at least twice. On March 27, 2015, Mr. Hausserman sent B.F. three more emails and had called her.

On March 30, 2015, Drake University again directed Mr. Hausserman to have no contact with B.F. On April 2, 2015, following a meeting between University officials and Mr. Hausserman, the University sent a letter to Mr. Hausserman stating that he had violated the harassment provision of the school’s code of conduct. Mr. Hausserman was barred from campus except for his academic classes.

On April 15, 2015, Mr. Hausserman sent B.F. another email which began: “I am aware this is in violation of the no communication/contact order and places me at risk of certain arrest.” Two days later and in an apparent attempt to reach B.F., Mr. Hausserman sent a text message to her mother, also in violation of Drake University’s no-contact directive. Thereafter, Mr. Hausserman was banned from the University except for completing his final exams and attending his graduation ceremony. He was advised that after his law school graduation, he would be barred indefinitely from the university campus.

On May 16, 2015, hours after his law school graduation, Mr. Hausserman left B.F. a telephone message. B.F. contacted the City of Des Moines Police Department.

A few days later, the police spoke with Mr. Hausserman, who said that he thought his graduation terminated the restrictions on communicating with B.F. The police told him to cease all contact with B.F. and warned him that if he violated that directive he would be criminally charged. Approximately one week later, B.F. contacted the City of Des Moines Police Department again, to report that Mr. Hausserman had sent her several more text messages.

On May 28, 2015, Mr. Hausserman was criminally charged in Iowa with Harassment in the Third Degree. He pled guilty in June of 2015 and received a deferred judgment, was placed on probation for 12 months, and ordered to have no contact with B.F.

He graduated but was not permitted to sit for the Iowa Bar.

Then 

In late September 2015, B.F. reported to police that she had received a Snapchat friend request from Mr. Hausserman. Following an interview with police, Mr. Hausserman admitted that he had contacted B.F. again because he had reason to believe she was involved in derogatory internet postings about him, and he wanted to discuss that with her. He acknowledged this action violated the terms of his deferred judgment. He was arrested and his home searched. He was found to be in possession of four firearms, two of which were loaded, in violation of his deferred prosecution agreement.

Mr. Hausserman was found in contempt of court, sentenced to 30 days in jail, given a year of probation and supervision, and ordered to complete a mental health assessment. The mental health evaluation revealed no drug or alcohol issues, but recommended that Mr. Hausserman undergo treatment to address his behavior. The record indicates that Mr. Hausserman has not attempted any further contact with B.F. since September 2015.

He applied in Wisconsin in November 2015 and took and passed the bar exam.

When Mr. Hausserman first applied to take the Wisconsin Bar Exam in November 2015, he responded affirmatively to Question 20 which asks, in part, whether the applicant has been disciplined or placed on probation by a law school. Mr. Hausserman explained that he had been placed on academic probation for one semester. He failed to disclose the restrictions Drake University imposed on him related to B.F.

There were other disclosure concerns

Mr. Hausserman disclosed an underage drinking ticket from 2007 and a 2012 citation for failing to have proof of automobile insurance in connection with a traffic stop. However, the Board was troubled by his description of these events. He explained the ticket this way: while at a Badger football game he was “grabbed by police because he had one foot on the sidewalk.” He explained the traffic citation like this: he was driving his father’s car and was pulled over because “police don’t like young kids driving nice cars.”

Mr. Hausserman failed to report an incident from 2003 (when he was 15) in which he and a friend were cited for destroying a mailbox. He had reported the incident on his law school application.

The court looked to prior cases where admission was granted such as

Most recently, we admitted an applicant who had submitted a heavily plagiarized paper in law school, failed a required Professional Responsibility class, and failed to report three underage drinking citations on his law school application.

That decision is linked here. The Journal Sentinel reported on the case. 

In contrast

Crucial to these decisions are several common factors that are not present in the record before us. These factors include excellent character references, particularly from people who are aware of the troubling conduct compromising the application. These cases also include some affirmative evidence of rehabilitation. In some cases, where mental health or substance abuse issues may have been causally related to the underlying conduct, and the applicant provided evidence of having sought and pursued counseling or treatment. In other cases the applicant has demonstrated an interest in and commitment to the community, through the investment of time which also speaks to character. And, a critical factor is the passage of time. As time passes with no concerning conduct, we are increasingly likely to be persuaded that the applicant has addressed whatever concerns initially precluded admission…

In closing, we observe that nothing in SCR 40.04 or elsewhere in SCR Ch. 40 precludes Mr. Hausserman from again seeking admission to this bar when he believes he can demonstrate his character and fitness to the satisfaction of the Board and this court.

(Mike Frisch)