ILNews

ADA violations in bar admission catch attention of Indiana BLE

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana State Board of Law Examiners is taking notice of a finding by the U.S. Department of Justice that Louisiana’s treatment of bar applicants with mental health conditions was in violation of the American with Disabilities Act.

Justice Department officials found that the Louisiana attorney licensure system’s practice of evaluating and treating bar applicants who have mental health disabilities was discriminatory. In particular, the DOJ concluded that the requirement that applicants to the state bar answer the mental health questions included on the National Conference of Bar Examiners Request for Preparation of a Character Report tended to screen out individuals based on stereotypes and assumptions.
 

skolnik Skolnik

The department put its findings in a letter to the Louisiana Supreme Court and requested court officials work with the DOJ to resolve the matter in an “amicable and cooperative fashion.”

Indiana’s application for admission to the bar contains the questions that were the focus of the DOJ investigation but, according to Bradley Skolnik, executive director of the Indiana State Board of Law Examiners, Indiana has not received a letter from the Justice Department.

The BLE is carefully reviewing the DOJ letter sent to Louisiana and will continue to monitor the situation, Skolnik said. “The board is committed to ensuring all policies and procedures comply with the ADA.”

Following a 2011 court order, Indiana’s board did modify one of its admission questions regarding diagnosis and treatment of any mental health disorder. Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana found the question to be improper under the ADA because it was overly broad and captured information not related to serious mental and emotional problems.

Skolnik said mental health and substance abuse issues, raised through questions on the bar admission application, are considered when assessing an individual’s character and fitness.

“The process is highly confidential because it does involve analysis of personal information,” he said. “The board has no desire to be intrusive but it does have a very high duty to ensure applicants have the ability to practice law and discharge their duties.”

According to the Justice Department, the Louisiana Supreme Court Committee on Bar Admissions was using the responses to the mental health questions to single out applicants.

The Louisiana admissions committee was recommending conditional admission to applicants with mental health diagnoses. These applicants had to sign consent agreements that gave the Office of Disciplinary Counsel permission to monitor the applicants, have “full and unfettered access” to their medical records, and to contact their employers and supervising attorneys to discuss the conditional admission.

The Indiana State Board of Law Examiners can give conditional admission if it has concerns about an applicant’s drug, alcohol, psychological or behavioral problems. Skolnik said a conditional admission could have provisions attached that, for example, would require an applicant to check in on a quarterly basis or be subject to testing for substance abuse.

In lieu of denying admission, Skolnik said, the board can ask for a conditional admission to make sure the applicant meets the standards necessary for the practice of law.

Other than the adjustment order by Pratt, the board has not made any significant changes to the application for admission in several years. However, the board did recently launch an online application process. Individuals wanting to take the bar exam in Indiana can now file for admittance electronically. Skolnik said the response has been “very positive” and the online process has improved efficiency.

Also, the board is still in the process of considering changes to the bar exam itself.

The BLE submitted a proposal in 2013 to replace the essay topics on commercial law, personal property and taxation with debtor/creditor law and employment law. In addition, the board suggested including six topics from the Multistate Bar Exam in the Indiana Essay Examination.

Skolnik said the public has made “thoughtful comments” on the proposed changes that the board is carefully considering. He anticipates the board will soon make adjustments to its suggestions.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT