How a marijuana arrest kept me from being admitted to the Pennsylvania bar

Andrew Keats, The Philadelphia Inquirer •
Andrew Keats at his desk

Five years ago, I met a friend for dinner in New York City. Before we went inside, my friend offered to share a joint. As I was holding the joint, an unmarked car pulled up. Four police officers came toward me, and I dropped the joint. I was arrested, handcuffed, taken to the police station, and put in a holding cell before being charged and released pending a hearing. On the way to the station, the arresting officer told me that if I weren’t a lawyer, he would have charged me with destruction of evidence for dropping the joint. It was a stunning admission, but unsurprising.

Days later, I was able to pay $2,000 and retain a defense attorney familiar with the Manhattan DA’s Office. She walked me through the process and accompanied me to court to stand before the judge and advocate on my behalf. As a first-time offender, I was entitled to have my case dismissed and sealed after a set period of time — which, because my lawyer knew the judge, was reduced from one year to just three months. After that, my record was cleared, and I moved on with my life, thinking my run-in with the criminal legal system was behind me.

I was wrong.

When I moved to Philadelphia a year later, I thought my bar admission to practice law in Pennsylvania would be pretty straightforward. I had taken and passed the two hardest bar exams in the country — California and New York. I was entitled to waive into Pennsylvania as a New York licensed attorney with just an application. But the application asked about past arrests. While my charges were dismissed and my court record was sealed, I had been arrested for marijuana possession.

 

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About the Expert

Katy Otto joined Juvenile Law Center in 2016. With a background in communications, development and government relations, she is responsible for the organization’s overall messaging strategy and implementation. She is passionate about youth justice, and committed to ensuring that the public learns about the challenges facing youth in the child welfare and justice systems.

Andrew Keats joined Juvenile Law Center as a staff attorney in 2018. During his time at Juvenile Law Center, Andrew has engaged in policy advocacy efforts to eliminate fines and fees from the juvenile justice system as well as conducting research and advocacy to increase confidentiality and expungement protections for youth with juvenile records. Currently Andrew is focused on litigation to prevent youth from being tried as adults in the criminal justice system and ensuring those who are tried as adults do not receive the state’s harshest punishments and instead are afforded a meaningful opportunity for release. Andrew has also authored numerous amicus briefs in state supreme courts around the county.