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BLE will strike broad question, revise other

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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.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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