Board of Overseers of the Bar v. Edwin R. Jonas III
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Docket No.: BAR-13-16
Issued by: Maine Supreme Judicial Court
Date: July 17, 2017
Respondent: Edwin R. Jonas III
Bar Number: 003553
Order: Conference Order
Disposition/Conduct: In Re: Petition for Reinstatement to the Maine Bar
In an opinion issued on June 8, 2017, the Supreme Judicial Court, sitting as the Law Court, vacated the judgment denying the petition for reinstatement to the Maine bar filed by Edwin R. Jonas III, based on its determination that this court erred in determining that the Rules of Evidence applied to bar reinstatement proceedings. Petition of Edwin R. Jonas III for Reinstatement to the Bar of the State of Maine, 2017 ME 115, ¶¶ 21-26, 39-40, --- A.3d ---. In its Order remanding the case for further proceedings, the Court stated,
On remand, the court must consider only (1) the evidence that was explicitly offered and excluded based on the application of the Rules of Evidence and that was not otherwise admitted, and (2) to the extent allowed by the single justice, any evidence of reinstatement or disciplinary actions, further litigation, or other evidence deemed relevant by the single justice that has occurred after the close of evidence in the original trial.
Id. ¶ 39. Based on that order of remand, a hearing shall be held and Mr. Jonas will be permitted to present any evidence "explicitly offered and excluded based on the application of the Rules of Evidence and ... not otherwise admitted" at the original hearing. Id. In addition, if offered, the court will determine whether to consider any evidence of matters that have "occurred after the close of evidence in the original trial." Id. After the hearing on remand occurs, the court will make findings based on "both the existing evidentiary record and any new evidence presented by either party on remand." Id.
To create a process for the hearing on remand, the court met with James Bowie, Esq., counsel for Mr. Jonas, and Aria Eee, Esq., counsel for the Board of Overseers, on July 12, 2017. At the conclusion of that conference, the matter was scheduled for hearing to be held on Friday, September 29, 2017, from 9 a.m. until 12 p.m.
Between now and the date of that hearing, counsel for the parties shall exchange all information either party intends to offer at that hearing. It is anticipated that Mr. Jonas may wish to present evidence through affidavits from one or two witnesses. Counsel for the Board has agreed to review any affidavits provided and to indicate whether she will agree that the affiants need not appear for the hearing. Counsel for the Board will review the results of some litigation that "occurred after the close of evidence in the original trial," id., and will alert Attorney Bowie if she intends to submit evidence of the same at the hearing.
The court is imposing no deadlines, as it understands and appreciates that counsel for both parties have been and will continue to work cooperatively and professionally.
Dated: July l7, 2015
Ellen A. Gorman
Maine Supreme Judicial Court