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If I were James Hamm, I'd wonder if having an open mind when dealing with people is no longer valued in the law profession.

In 1974, Hamm shot a man named Willard Morley during a drug deal. He was supposed to sell 20 pounds of marijuana for $1,400. He didn't. Instead, he stole the money and killed a man. He then served 17 years in prison.

He's been out of prison for several years, has a law degree, passed the Arizona bar exam and wants to be admitted to the Arizona Bar Association. According to an article The Associated Press published late last week, this has enraged area attorneys.

Given Hamm's past, I can understand why people would be reluctant to welcome him into the ranks of being a lawyer, but I am confused as to what he would have to do in order to prove to them that he is worthy of the profession.

It's difficult to become a lawyer. The difficulty begins with applying to law school. According to ASU's Web site, only 150 of more than 1,900 applicants are admitted to the ASU College of Law.

It's important to know that ASU examines a criminal past as part of the admission process. According to the ASU College of Law Web site, "Evidence of criminality or academic misconduct will be considered as a factor in admission, but it will not automatically disqualify an applicant. The Admissions Committee will weigh the record of an otherwise qualified applicant on a case-by-case basis, considering the nature and circumstances of the offense, its recency, intervening events, the maturity of the applicant, evidence of rehabilitation, and other relevant factors."

Hamm, in spite of his past, is one of the few who was admitted to the ASU College of Law. He then spent time and money to finish his degree. During this time, he must have impressed some people because in 1998, he was hired by ASU as a part-time faculty associate in the ASU College of Law. The hiring caused a debate that resulted in Hamm being reassigned to fulfill his contract in a non-teaching position. The message seems loud and clear. If you are a convicted murderer who has served time, you can earn a law degree; you just can't teach what you've learned.

Fast forward to 2002. Hamm now wants to be a practicing lawyer. He needs to win approval from the Arizona Supreme Court Committee on Character and Fitness. According to www.supreme.state.az.us, Hamm's past will be considered, just as ASU considered it.

"The Rules of Admission do not exclude the ability of a convicted felon to file an application and write the bar examination. A convicted felon, as do all applicants for admission, has the burden of proving, by a preponderance of the evidence, the requisite character and fitness qualifying him or her for admission to the practice of law in Arizona," the Web site said.

The fact that Hamm might become a practicing lawyer is apparently not sitting well with other lawyers in the area.

I'm trying to figure out what is scaring area lawyers so much about James Hamm actually practicing law. Do they think that Hamm will ruin the reputation of lawyers? I think people who probably passed their state's Character and Fitness committee with little public debate did that long ago. Lawyers haven't enjoyed a sparkling clean reputation. Whether or not that reputation is deserved doesn't seem to matter. It exists.

Perhaps they are afraid that having a convicted murderer practicing law sends the message "If James Hamm can be a lawyer, obviously anyone can be a lawyer. The profession doesn't have any standards." I don't know if that is a valid argument. I doubt the acceptance of Hamm would produce a sharp rise in the "I'm a convicted murderer and now I want to go to law school" population.

I believe that James Hamm should get a fair chance just like any other person who has taken the necessary steps to become a lawyer. If he gains admittance into the bar and becomes a practicing lawyer, let people who might need the assistance of a lawyer decide whether or not he will survive in the profession.

Rosie McSweeney is social work graduate student. Reach her at rosie.m@asu.edu


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