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INTRODUCTION
Matthew F. Hale and the Illinois Committee on Character and Fitness have together reopened a debate that many assumed was closed almost thirty years ago when the Supreme Court held in Baird v. Arizona that individuals seeking admission to the bar can not be penalized for their beliefs.1 This debate, a result of the very contentious battle between Mr. Hale and the Committee over Hale's admission to the Illinois State Bar, now raises questions about an applicant's public speech, associations and racial hatred. Specific to Mr. Hale, the issue is whether the Committee is correct in refusing Hale's admission based on a prediction that his deeply held white supremacist beliefs will cause him to violate the anti-discrimination clause of the Illinois Rules of Professional Conduct.
Matthew Hale graduated from Southern Illinois Law School in May 1998 and passed the bar in July of that same year.2 In his quest to gain admission to the Illinois State Bar, Hale hit a roadblock with what is usually a pro forma process: the approval of the Illinois Bar Committee on Character and Fitness. The qualities that gave the Committee great concern are primarily focused on events, activities, and statements that reflect Matthew Hale's religious and racial beliefs. They run a wide range, though all are imbued with the theme of racial and religious hatred as the common thread.
This Note will discuss in detail the events, processes and procedures that have now brought this matter before the Illinois Supreme Court and the rationales and arguments espoused by both sides of the issue. Through the analysis, the Note explores the implications of the debate may have on First Amendment rights of attorneys, professional bar qualification standards and the state of affairs for the legal profession as a whole.
I. PROCESS IN ILLINOIS
Like most states, Illinois has determined that one of its top priorities towards maintaining the integrity and professionalism of their bar is to have character and fitness standards as a determining factor in admittance to the bar.3 To this end, Rule 708 of the Illinois Supreme Court Rules, establishes and defines the Committee on Character and Fitness.4 This Rule mandates that at the November term of each year, the Illinois Supreme Court shall appoint selected...