delivered the opinion of the court:
Jerome Krule petitioned this court for review of the most recent recommendation by the Committee on Character and Fitness (the Committee) that he not be certified for admission to the bar. 166 Ill. 2d R. 708(d). After the Committee filed its response, we allowed Krule’s petition and permitted the parties to present oral argument. For the reasons that follow, Krule’s application for admission to the bar is denied.
Jerome Krule graduated from the John Marshall Law School in 1994. In 1995, the Committee on Character and Fitness (the Committee) voted not to recommend certification of Krule for admission to the practice of law. In reaching that decision, the Committee was most concerned with Krule’s participation in an insurance fraud scheme which resulted in his conviction of a felony in 1988- The Committee felt that Krule was less than candid in describing his role in the scheme and he had not adequately demonstrated that he was rehabilitated. The Committee also expressed concern over Krule’s apparent lack of candor in failing to apprise his law school of three previous misdemeanor convictions.
Krule sought a new hearing in 1996. Because his request was made prior to expiration of the requisite two-year waiting period following the Committee’s 1995 decision, it was denied. Bar Admission Rule 9.1. Krule then filed another petition for a new hearing in 1998. This time the Committee granted the petition, and the hearing panel convened a new hearing in the case in March of 1999.
After taking evidence, the hearing panel concluded that Krule had failed to meet his burden of proving by clear and convincing evidence that he possesses the requisite moral character and general fitness to practice law. The hearing panel further concluded that Krule had once again failed to show that he had been sufficiently-rehabilitated. Based on these conclusions, the Committee adhered to its original decision and voted not to recommend certification of Krule.
In undertaking our review of the Committee’s decision, we begin by noting that the final judgment regarding admission of an applicant to the practice of law rests with this court. As a general rule, a determination by the Committee on Character and Fitness concerning the character and fitness of an applicant neither binds this court nor limits our authority to take action. In re Loss, 119 Ill. 2d 186, 192 (1987). We have also held, however, that where a hearing panel concludes that a petitioner does not possess the good moral character and general fitness necessary for the practice of law and recommends that certification be denied, as was the case here, this court will not reverse unless that recommendation was arbitrary. In re Glenville, 139 Ill. 2d 242, 252 (1990).
The criminal conviction which led to the original denial of Krule’s certification arose from a scheme he facilitated to systematically defraud insurance companies. At the time, Krule was a licensed insurance professional. He testified that he contacted an attorney named George Anderson to “go into business with him in personal injury.” The business worked this way.
Anderson owned some taxi cabs, and Krule took a job in his office. When one of the taxi drivers was involved in an accident, Krule would arrange for him to see a Dr. Starkman. With Krule’s knowledge and complicity, Stark-man would deliberately generate inflated bills containing charges for services that were not necessary or were not performed. Krule, in turn, would submit the fraudulent bills to insurance companies for reimbursement. Krule engaged in this activity from August of 1986 through February of 1987. During this period he submitted scores of false claims to eight different insurance companies.
Krule’s insurance fraud scheme ended with an 82-count indictment issued by a Du Page County grand jury. Named as defendants were Krule, attorney Anderson, Dr. Starkman, and six other individuals. Krule pled guilty to one count of theft, a felony, in exchange for his testifying as a government witness. He was sentenced to 30 month’s probation. As a condition of probation he was required to complete 950 hours of community service and pay $5,000 in restitution. Krule’s probation was terminated satisfactorily on October 1, 1990.
Attorney Anderson also pled guilty to theft. He was ordered to pay a fine of $100 and $77 in court costs and was placed on conditional discharge. The condition imposed by the sentencing judge was that Anderson was required to file a motion with our court for disbarment on consent. Anderson filed such a motion on February 16, 1990, and it was allowed by this court on March 27, 1990.
Following these developments, Krule applied to and was accepted for admission by the John Marshall Law School. As previously indicated, Krule graduated from there in 1994. The Committee on Character and Fitness subsequently refused to certify him for admission to the bar, primarily because of his felony conviction and the nature of his involvement in the insurance fraud scheme.
In ruling as it did, the Committee noted Krule’s lack of candor about these events when he applied for law school. Krule characterized his role as that of a “clerk,” even though his testimony at trial indicated that he played a far more substantial role and helped devise the scheme. A letter written by Krule to the law school’s dean contained falsehoods, and the Committee found that Krule had refused to accept responsibility for his illegal and unethical conduct. Finally, the Committee expressed concern that Krule had failed to disclose three misdemeanor charges, two of which involved pleas of guilty, on his law school application. Krule admitted that the reason he was not truthful about those charges is that he feared they would jeopardize his chances for admission into law school.
Following his felony conviction, Krule obtained employment and engaged in volunteer and charitable activities beyond those necessary to comply with the terms of his probation. The Committee acknowledged these factors and took note of positive testimony from character witnesses. The Committee nevertheless concluded that “specific evidence” of rehabilitation was lacking. The Committee also cautioned Krule that
“an applicant for admission does not become entitled to certification of his character and fitness simply by fulfilling the educational requirements and by participating in civic and charitable activities.”
When Krule obtained a new hearing in 1999, he testified on his own behalf. He told the Committee that he would consider his law license his most valuable possession. He has worked in the Evanston community defender office and served as a teacher of English as a second language in the Oakton Community College adult education program. He stated that he would like to practice law in the public sector and intended to continue his volunteer work regardless of the Committee’s decision.
Krule admitted that because he was an insurance professional at the time, “maybe he had more of a major role” than the other participants in the insurance fraud scheme that resulted in his felony conviction. He expressed remorse for his illegal conduct and said he regretted his failure to report the misdemeanor convictions when he submitted his law school application.
In addition to testifying himself, Krule presented the testimony of seven character witnesses. One of these was Associate Circuit Judge Fe Fernandez of the circuit court of Cook County, who appeared on Krule’s behalf.1 Prior to taking the bench, Judge Fernandez had worked with Krule at the Evanston community defender office. According to Judge Fernandez, Krule had done volunteer work at the community defender office on an “as needed” basis since he was denied certification in 1995. Robert Roy, director of the community defender office, also testified. Roy and Judge Fernandez opined that Krule is honest, trustworthy and dedicated to his goal of becoming a lawyer.
Additional testimony was provided by Patricia McCarthy, a reading specialist at East Prairie school district in Skokie, and Marilyn Antonik, program manager for volunteer teaching in the adult education division and coordinator of the adult literacy program at Oakton Community College. McCarthy and Antonik described Krule’s work with Oakton Community College and reported that he was generous in donating his time and dedicated to his students. They also attested to his trustworthiness.
Edward Michael Reilly, a Chicago police officer and lawyer who had attended law school with Krule, said that Krule would be an ethical lawyer. Ralph Ruebner, a professor at John Marshall Law School, and Elmer Gertz, a former professor at John Marshall Law School, testified that they had known Krule since he was a law student. Gertz is also a friend of Krule’s family. Ruebner believed that Krule had matured, and both professors thought that he could be a competent and trustworthy lawyer.
In addition to the foregoing testimony, Krule presented affidavits from George Leighton, formerly a United States district judge; Dean Robert Johnston of the John Marshall Law School; and Professor William Carroll and Professor Seng, also of John Marshall. All of these men supported Krule’s application and attested to his fitness to practice law.
Following the hearing, witness Marilyn Antonik, from Oakton Community College, reported an incident to the Committee that changed her opinion of Krule’s judgment and trustworthiness. According to Antonik, Krule met with a foreign student at the college and gave her a gift and a personal note. He also offered to help her obtain a visa.
In his note to the student, which was signed “Love, Jerry,” Krule offered to give the student money for a round trip plane ticket to and from her homeland. This incident frightened the student, who brought it to the attention of college officials. As a result, Antonik terminated Krule’s services with the college.
The Committee received a copy of Krule’s note to the student as well as a copy of a statement from the student regarding Krule’s actions. One of the things the student claimed in her statement was that Krule had shown her a card indicating that he was a lawyer. She also said that Krule had told her not to show the note to anyone and that the incident scared her.
In response to this development, Krule’s attorney wrote to the Committee and submitted an affidavit from Krule. In his affidavit, Krule attested that he did not present himself as an attorney to the student. Rather, he told her he was a paralegal for the Evanston community defender. The card he showed her was his John Marshall alumni card. He has no business cards.
Based upon the foregoing evidence, the Committee decided, by a vote of 6 to 1, to adhere to its previous determination. The Committee held that Krule had failed to show that he had been “sufficiently rehabilitated to demonstrate that he possesses the character and fitness to practice law.” Accordingly, it concluded that it could “not recommend the certification of Krule and his application to be admitted to the practice of law in Illinois is therefore denied.”
In assailing the Committee’s determination, Krule takes particular issue with the Committee’s consideration of the post-hearing events involving Krule and the foreign student. Krule contends that the evidence considered by the Committee consisted of inadmissible hearsay. He claims that before the Committee relied on the information from Antonik, it should have afforded him the opportunity to subpoena and depose her under oath.
The objections Krule raises to the Committee’s procedures are not insignificant. With respect to the matter of the lawyer identification card, we note that the student was Japanese, and her statement regarding the incident was written in Japanese. It is entirely possible that she misunderstood what Krule had told her about his professional status or that she did understand it, but the translator simply conveyed what she had written incorrectly when putting it into English. The way the Committee handled this evidence, Krule had no opportunity to explore these possibilities.
Even if the procedures followed by the Committee were not subject to challenge, the Committee should not have allowed the post-hearing events involving the foreign student to affect its ultimate decision. Both Krule and the woman were adults. Krule was not the woman’s teacher and held no position of authority over her. The gift he gave her was a cosmetics case, and he made the offer regarding the plane ticket because she had expressed an interest in returning to the United States. While he had a romantic interest in the woman, he did not attempt to force himself on her in any way. When she did not respond to his overtures, the matter ended. The two had no further communication. The woman returned to her homeland, and Krule went about his business. We fail to see how any of this bears on Krule’s fitness to practice law.
Having said that, we nevertheless conclude that the Committee’s decision to deny Krule’s petition for admission to the bar must be upheld. Contrary to Krule’s assertions, the incident involving the foreign student was incidental to the Committee’s final determination. In ruling as it did, the Committee reviewed the circumstances which led to its previous decision, then focused on whether Krule had shown by clear and convincing evidence that his rehabilitation is such that he is a fit person to practice law. See In re Loss, 119 Ill. 2d at 196-97.
The criteria applied by the Committee were those set forth by our court in In re Childress, 138 Ill. 2d 87, 100 (1990):
“ ‘(1) [C]ommunity service and achievements, as well as the opinions of others regarding present character; (2) candor before the court; (3) the age of the applicant at the time of the offenses; (4) the amount of time which has passed since the last offense; (5) the nature of the offenses; and (6) the applicant’s current mental state.’ ” Quoting In re Loss, 119 Ill. 2d at 196.
The Committee noted that Krule had performed “a good amount of community service”'since the Committee had last considered his case. It credited him with caring for his elderly and infirm parents. It acknowledged the array of character witnesses he presented, which was impressive by any standard. Especially significant to the Committee was that the people with whom Krule worked at the Evanston community defender’s office have placed their trust and confidence in him.
In contrast to the situation in 1995, when he was first turned down by the Committee, Krule acknowledged his full role in the insurance fraud scheme, “noting that as an insurance professional he had knowledge about the operations of the industry that helped to further the criminal enterprise.” He also expressed his remorse for “the impact his participation had on individuals and organizations.”
Despite these developments, the Committee believed that the positive aspects of Krule’s application were still outweighed by the nature and gravity of the criminal offense for which he had been convicted. While a mature adult and a licensed professional, he utilized his professional knowledge to help carry out a criminal scheme involving deception and dishonesty. Thereafter, he attempted to minimize his role in the scheme, made misrepresentations, and failed to disclose three misdemeanors on his law school application.
Although Krule was a reliable and committed worker, the Committee pointed out that his volunteer work “did not entail the kind of independence or the exercise of judgment that would permit a prediction about how Krule would perform in a setting that did.” In the Committee’s view, the circumstances present when the insurance fraud scheme was formulated back in the 1980s provided a better insight into how Krule might perform as a lawyer when his independence and judgment were challenged. The results were not good. Krule chose to commit a felony.
Based on the record before it, the Committee was not satisfied that the result would be different today. Krule professed that he was sorry and had changed, but the Committee believed that his words and actions may have been designed simply to satisfy the requirements of bar admission. Moreover, to the extent Krule was remorseful, the Committee believed that it may have been remorse that his conduct interfered with his bar admission rather than a genuine appreciation for how his illegal conduct affected others.
In In re Glenville, 139 Ill. 2d 242 (1990), the applicant had a history of juvenile delinquency, arrests for battery and convictions for disorderly conduct, driving under the influence, and theft. In In re Childress, 138 Ill. 2d 87 (1990), the applicant had been convicted of rape and robbery and sentenced to prison while a teenager. In In re Loss, 119 Ill. 2d 186 (1987), the applicant’s history involved juvenile delinquency and convictions for disorderly conduct, possession and sales of marijuana and other drugs, and theft.
In each of the foregoing cases, our court denied the applicant’s petition for admission. Although the crime for which Krule was convicted may not be as serious as some of the offenses committed by Glenville, Childress and Loss, we note that Krule was a mature adult when he engaged in the fraudulent scheme that culminated in his conviction. Moreover, his criminal scheme arose in the context of circumstances comparable to those with which he would be faced as an attorney, evincing an inability on Krule’s part to carry out his professional responsibilities honestly.
In that regard, the case is similar to In re Ascher, 81 Ill. 2d 485 (1980). Ascher was an accountant, licensed insurance agent and broker, licensed real estate broker, and an “enrolled agent” with the Internal Revenue Service who attended law school later in life. Prior to passing the bar exam, he was sued by a client for fraud and breach of his fiduciary duty as a tax accountant and real estate agent-broker. He was also found to have engaged in a subterfuge to practice law without a license. Even though Ascher’s conduct did not lead to criminal charges as Krule’s did, this court nevertheless concluded that it raised fundamental questions regarding his “capacity to make those ethical judgments required of an attorney in the course of his practice and the performance of his fiduciary responsibilities.” In re Ascher, 81 Ill. 2d at 500.
In denying Ascher’s application for admission to the bar, this court wrote,
“The integrity of our profession can be no greater than that of its members, and we protect neither our profession nor the public when we admit to the profession those who have demonstrated the insensitivity to its standards which is evident here.” In re Ascher, 81 Ill. 2d at 502.
We believe this sentiment is applicable to the matter before us today. As impressive as Krule’s character references and public service may be, an applicant’s subsequent exemplary behavior cannot lessen the enormity of an earlier offense. In re Childress, 138 Ill. 2d at 101. As we held in In re Childress, 138 Ill. 2d at 104, and as the Committee itself indicated when it last refused to recommend Krule, applicants do not become entitled to admission simply by fulfilling our educational requirements and participating in civic and charitable activities.
The public depends on this court to select qualified professionals who will be conscientious in protecting their clients and upholding the law. We take that responsibility seriously. As careful as we try to be in the selection process, however, we cannot detect every failing that may afflict an attorney. All we can do is make our best judgment based on the results of the bar exam, the contents of the applications and supporting documents, and the recommendations from the Committee.
With each law license we confer, there is a risk that the attorney will not live up to his professional responsibilities. We depend on the Committee to help us assess that risk. In this case, the Committee has determined, in effect, that the risk is too great. We cannot say that its determination is arbitrary. What Krule did in defrauding the insurance companies is precisely the sort of conduct which has brought the legal profession into disrepute. He failed to convince the Committee that he is not going to repeat that conduct, and he has failed to persuade us. In our view, Krule’s admission would deprecate the seriousness of his crime and undermine the integrity of our profession.
For the foregoing reasons, Krule’s application for admission to the bar is denied.
Petition denied.
There is no indication in the record that Judge Fernandez was subpoenaed. He appears to have given testimony on Krule’s behalf voluntarily. If that is so, we feel constrained to point out Judge Fernandez’s decision to support Krule at his hearing may violate canon 2(B) of the Code of Judicial Conduct (155 Ill. 2d R. 62(B)), which expressly states that “a judge should not testify voluntarily as a character witness.”