In re Salvatore L. Romano, Jr.:
No. 91-158-M.P.
SUPREME COURT OF RHODE ISLAND
615 A.2d 476;
1992 R.I. LEXIS 198
November 4, 1992, Decided
OPINIONBY:
[**1] PER CURIAM
OPINION:
[*476] OPINION
PER CURIAM. The petitioner has filed his petition for
reinstatement to the
practice of law pursuant to Rule 42-16 of the Supreme Court Rules. Salvatore L. Romano, Jr.,
was suspended pending appeal from his conviction of four
felonies: receiving stolen goods, injury to communication lines, conspiracy, and
perjury. All four offenses arose out of the attempted burglary and theft of precious
metals having a value in excess of $ 1 million from the Vennerbeck and Clase,
Inc. manufacturing plant in Lincoln, Rhode Island. This court affirmed the
judgment of conviction.
State v. Romano 456 A.2d 746 (R.I. 1983). The petitioner was Sentenced to the Adult Correctional Institutions for a
period of five years. He began serving his sentence on April 18, 1983, and was
paroled on January 11, 1985.
On October 21, 1985, petitioner was
disbarred. We noted that the crimes of which petitioner had been
convicted
"involve moral turpitude and undermine the confidence of the public in the bar."
Carter v. Romano, 499 A.2d 749, 749 (R.I. 1985).
On November 22, 1991, petitioner appeared before this court with counsel
pursuant
[**2] to Rule 42-16(c) asking for
reinstatement of his license to practice law. The rule provides in pertinent part:
"The respondent-attorney shall have the burden of demonstrating by clear and
convincing evidence that he or she has the moral qualifications, competency and
learning in law required for admission to practice law in this state and that
his or her resumption of the
practice of law within the state will be neither detrimental to the integrity and standing of
the bar or the administration of justice nor subversive of the public interest."
In
Grievance Administrator v. August, 438 Mich. 296, 313-14, 475 N.W.2d 256, 264 (1991), the Supreme Court of Michigan
held that
[*477]
"the nature of the offense and the time elapsed since its commission and since
disbarment are relevant and important considerations in determining whether a
disbarred attorney should be recommended to the position of public trust that is held by
members of the Michigan State Bar. Moreover, an attorney may be denied
readmission on the grounds that sufficient time has not passed to determine the present
fitness of the applicant for
readmission."
The petitioner stands
[**3] convicted of several
felonies, including
perjury before the Superior Court in a case that gained a high degree of notoriety
owing in part to his standing as an attorney and as counsel to the Senate
Judiciary Committee at the time of the offenses. In circumstances as here, in
which an attorney has engaged in a repeated or calculated series of acts
designed to corrupt the administration of justice, the showing of present
fitness may require a lengthier period of
rehabilitation.
August, 438 Mich. at 310, 475 N.W.2d at 263. The five-year bar to applying for
reinstatement provided for in Rule 42-16(b) is the minimum period in which
rehabilitation may occur following
disbarment. See id.
Having considered the representations of the petitioner and having observed his
demeanor, we are not impressed with his demonstration of remorse. We find that
he has not sustained his burden as set forth in our Rule 42-16(c).
For the reasons stated, the petition for
reinstatement of Salvatore L. Romano, Jr., is denied without prejudice to his reapplying at
a later time, no earlier than one year from the date of this opinion.
