BLE will strike broad question, revise other

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court’s Board of Law Examiners is cutting one controversial question from its annual bar exam application and will revise another in order to comply with a federal judge’s recent ruling.

U.S. Judge Tanya Walton Pratt in the Southern District of Indiana ruled Sept. 20 that Question 23 on the state’s bar exam application violates the Americans with Disabilities Act because it too broadly asks potential lawyers about their mental health back to age 16. She also ruled that three other questions were permissible because they focused more specifically on medical history and mental and psychological conditions that might impact one’s current practice of law.

Her ruling in the case of ACLU-Indiana – Indiana University School of Law – Indianapolis Chapter, and Amanda Perdue, et al. v. The Individual Members of the Indiana State Board of Law Examiners, No. 1:09-CV-0842, granted and denied summary judgment motions from both sides, and the attorneys today filed a joint submission of proposed judgment as the judge had requested.

The submission addresses the specifics of Judge Pratt’s ruling but doesn’t waive the right for either party to appeal her decision on the questions.

Indianapolis attorney and BLE chair Jon Laramore said the state will immediately stop using Question 23 on the applications for the February 2012 bar exam. The applications are posted online and will be revised as soon as possible, although he pointed out that any applications downloaded prior to that change would still include the question at issue. If anyone submits an application with answers to that question, the BLE will disregard those responses, Laramore said. The BLE will revise Question 22, although final language hasn’t yet been approved, he said.

“We believe that the revised question, along with other questions on the application, will allow us to obtain all the information we need to evaluate applicants’ character and fitness,” Laramore wrote in an email to Indiana Lawyer.

Judge Pratt will issue a final order in the case, and from there the parties will have an opportunity to appeal to the 7th Circuit Court of Appeals. Both Laramore and the ACLU of Indiana’s legal director Ken Falk said no official decisions have been made on the possibility of appeal at this time.


Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.