In Kentucky a registered sex offender is looking to take the bar exam. Guy Padraic Hamilton-Smith is asking the state’s Supreme Court to reverse the state’s decision and to allow sex offenders to be given the opportunity to take the exam.
Guy Padraic Hamilton-Smith is the sex offender in question.
In March 2007 Smith was charged with possession of portraying a sexual performance by a child where he received a five year suspended sentence. His lawyer, Scott White, claimed that this possession of this material was not Smith’s fault. He claimed that Smith is a sex addict. White claims that Smith enjoyed downloading and viewing pornography. He said that Smith downloaded so much pornography he did not review all the content beforehand. Some of the material that was downloaded just happened to contain child pornography.
When applying to law school in Kentucky Smith had to disclosure his conviction as a sex offender. Only one of the three schools he applied to accepted him. The University of Kentucky College of Law accepted Smith and he completed graduated in 2011. He is currently working at a law firm in a position that is not related to this law degree.
While the court is refusing to allow Smith the opportunity to take the bar exam the state has refused to pass a law that bans all registered sex offenders from taking this exam. On December 19, 2013 the court ruled that each case of a sex offender requesting to take the bar will be reviewed on an individual basis and a ruling should be made in each case. In the case of Smith the judge ruled against allowing him to take the exam and Smith is currently appealing this decision.
Patrick Donovan is a criminal defense attorney in Masschusetts. Attorney Donovan has appeared in over fifty courts in Massachusetts. Attorney Donovan represents people charged with felony and misdemeanor crimes.