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ACLU sues State Board of Law Examiners

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The ACLU of Indiana has filed a lawsuit against the members of the Indiana State Board of Law Examiners, alleging the state's bar examination application violates the Americans with Disabilities Act.

The suit, filed Tuesday in the U.S. District Court, Southern District of Indiana, Indianapolis Division, claims the application discriminates against some applicants because of perceived mental impairments by asking intrusive questions about an applicant's mental health, including whether or not he or she has been diagnosed with any mental, emotional, or nervous disorders.

If an applicant answers yes, they are required to complete another form with detailed information. It is then reviewed by State Board of Law Examiners members who determine whether further information or medical records are needed to assess the person's fitness to practice law in Indiana.

This is an issue that has been raised in three or four other states either in bar or medical licensing applications, said ACLU of Indiana Legal Director Ken Falk. He said the states' Supreme courts found ADA violations.

According to the application, the information is treated confidentially and the purpose is to determine fitness of the applicant to practice law. It also states the fact of treatment for mental health problems or addictions isn't in itself a basis for denying an applicant admission to the bar.

The suit was filed on behalf of Porter County resident Jane Doe, and others similarly situated. Doe is a member of the Illinois bar and an Indiana law school graduate who in order to practice here must take the bar exam. She has been diagnosed with an anxiety disorder and post-traumatic stress disorder and receives counseling. Doe hasn't seen any impairment in her ability to function in law school and since graduation because of her disorders. She applied for the bar in the fall of 2008. She answered the questions regarding her mental health status truthfully, upon which the members of the State Board determined she had to contact the Judges and Lawyers Assistance Program for a thorough review of her mental heath records and an evaluation. She then withdrew her application.

The suit argues Doe and others who have been diagnosed with various disorders are subjected to unnecessary and intrusive inquires into their mental health histories and have additional burdens imposed upon them. Doe wants to apply again in February 2010 but doesn't want to have to produce her medical records and be interviewed by JLAP.

The suit, Jane Doe, on her own behalf and on behalf of a class of those similarly situated v. The Individual Members of the Indiana State Board of Law Examiners, in their official capacities, No. 1:09-CV-0842, seeks class action status and asks the court to enter a declaratory judgment that the board violated the ADA. It also asks the court enter a preliminary injunction to prevent the defendants from asking the class any questions solely concerning past or present mental health diagnoses or treatment, and from preventing the board from discriminating against the plaintiffs because of those diagnoses.


Falk wasn't sure how long the mental health questions had been included in the application, but he said it had just been redone and the questions were kept in the revision.

Both the State Board of Examiners and Attorney General said they couldn't comment on the pending litigation.

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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