Former inmate gets a second chance

"Character is not static, people change."

Shon Hopwood

Associate professor, Georgetown University Law Center

OLYMPIA – In October 2011, Tarra Simmons was seated before a Kitsap County Superior Court judge, convicted of theft and drug crimes, and was sentenced to 30 months in prison.

On Nov. 16, the 2017 Seattle University Law School graduate was sitting in the state Supreme Court in Olympia – this time next to a Kitsap Superior Court judge supporting her bid to become a licensed lawyer – and listened as her attorney argued that Simmons, of Bremerton, should be allowed to take the bar exam.

And before the end of business the same day, the court unanimously agreed and ordered Simmons be allowed to take the test to become a licensed lawyer.

On a 6-3 vote, a state Bar Association board had denied early this year Simmons' request to take the test, saying she did not meet the "character and fitness" requirements to practice law because of her criminal history. Thursday was her chance to make an appeal to the state's high court. It went well for her.

Between her conviction in 2011 and her hearing last week, Simmons' attorney argued that Simmons, 40, had accomplished a transformation that essentially made her an example of rehabilitation.

Shon Hopwood, an associate professor at the Georgetown University Law Center who after convictions of bank robbery in 1998 turned his life around and became a lawyer, told the panel that the question was whether Simmons had sought treatment for the trauma underlying her addictions and demonstrated her commitment to rehabilitation.

"We think the answer to both these questions is a resounding yes," Hopwood told the justices, later saying: "Character is not static, people change."

The purpose of such reviews is to ensure the legal profession admits only those who demonstrate a high level of personal integrity.

Jean McElroy, chief regulatory counsel for the Bar Association, agreed that Simmons' path after prison was "remarkable." In addition to graduating from law school, Simmons has been a vocal advocate for prison and school reform, won a prestigious legal fellowship and works at the Public Defender Association in Seattle.

However, the board that turned down Simmons' request to take the bar exam found she had gone years without using illegal drugs before her final conviction.

"She did recidivate even though she had five years of sobriety," McElroy said.

Justices appeared to save their sharpest questions for McElroy, such as asking whether Simmons had been held to the same standard as men with criminal convictions seeking to take the exam.

Part of Hopwood's argument for Simmons was that she faced a reduced likelihood of relapsing in her addiction due to the time she has been gone without relapsing, her commitment to sobriety and particularly the community of support she has built.

"My Facebook feed would tell me that too," Justice Steven Gonzalez said, commenting on how her story has been widely shared on social media.

Following the hearing, Simmons thanked the justices and her attorneys.

"I take with me a lot of people who are yearning for that hope of a second chance," Simmons said. "I always try to tell people I'm not an exceptional person, I've just been given exceptional opportunities, opportunities that many people in my community don't have every day."

Sitting next to Simmons during the hearing was Kitsap County Superior Court Judge Kevin Hull, who is supporting Simmons.

Hull's impression from listening to questions from justices was that Simmons' outlook was positive.

Hull cautioned, however, it is difficult to tell which way judges lean simply based on their questions.

"I say that as someone who has asked questions from the bench," Hull said, though his hunch turned out to be correct.

In the court's order, the justices found Simmons "has the requisite moral character and fitness to practice law in the state of Washington" and she "shall be allowed to sit for the Washington bar examination."

"Character is not static, people change."

Shon Hopwood

Associate professor, Georgetown University Law Center