What is the probative nature of a defendant's failure to pay his debt to the victims of his drunk driving accident?

California, United States of America


The following excerpt is from Kwasnik v. State Bar, 269 Cal.Rptr. 749, 50 Cal.3d 1061, 791 P.2d 319 (Cal. 1990):

When viewed in this context, petitioner's failure to pay his debt or acknowledge any continuing moral obligation is highly probative. As the evidence indicates, not only does petitioner possess the means to pay at least part of his debt, his attitude regarding the matter as a whole is hardly exemplary. His testimony that he no longer has any moral obligation to the victims of his drunk driving is but the latest indicator of his failure to "confront, in concrete terms, the harms his actions have caused." (Kelly v. Robinson (1986) 479 U.S. 36, 49, fn. 10, 107 S.Ct. 353, 360, fn. 10, 93 L.Ed.2d 216.) This failure, along with his recurrent dishonesty, warrants our refusal to admit petitioner to the practice of law.

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