More frequent fitness exams?

December 10, 2009
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When you decided to become an attorney, one of the last steps you took was standing before the Board of Law Examiners Committee on Character and Fitness, which determined whether you should be admitted to the bar.

Attorneys deemed to have “good” moral character and fitness, as defined by Rule 12 for admission to the bar, go on to practice law in Indiana as long as they meet all the other requirements.

Chances are that’s the last time you had anyone evaluate your physical and mental suitability. But what if you had to have your character and fitness evaluated periodically throughout your legal career in order to maintain your license?

Attorneys, like a lot of professions, must take classes to continue to be in good standing. Why shouldn’t lawyers undergo evaluations by mental-health professionals and doctors to make sure you are still up to task for the job? After all, a lot can change after you first were admitted. It’s no secret attorneys are under a lot of stress, and stress can take its toll on people’s bodies and minds in various ways.

If attorneys were periodically evaluated, some of the issues that we read about in attorney disciplinary cases could possibly be prevented. Attorneys could seek help before a serious problem developed.

What about a requirement that if you want to be a judge, you have to have your character and fitness examined before running or applying for that post? Even though judges going through the appointment process sort of do this already, surely there is information that isn’t divulged to the judicial nominating commission. A confidential interview with a health professional could provide the nominating commission with a simple yes or no as to whether this person should be a judge. No other specifics would need to be divulged.

Just like the character and fitness test you took as a student, the ones you would take as an adult would be confidential. If it turns out you need further tests or meetings with health professionals, then so be it. You’d be able to treat the problem before it interferes with your work, and as long as it doesn’t interfere with your work, no one else would have to know. Because once you do something to violate the rules of professional conduct, it’s out in the open for anyone to find with a few simple clicks on the court’s Web site.
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  • Yes, more exams!!!
  • Anyone conservative who thinks this a good idea better think again.
    Here is why: http://news.ibj.com/ilemg/ILEmails/2009_12_10_ILDaily_Standard/Articles/5068.htm?1=1&EGEmailID=754&PublicationID=1&PublicationDesc=Indiana%20Lawyer%20Daily&EmailType=Standard

    See the pleadings against JLAP posted here: http://religionclause.blogspot.com/2009/12/federal-lawsuit-charges-indiana-lawyer.html
  • A really bad idea
    Now that we see political correctness and government control and the Left's misuse of power just about everywhere around us, does anyone with a modicum of reason think the above is a good idea?
  • no way !!
    I am on meds for anxiety. It is really not a problem for me at this point but I have no desire to talk it over with some stranger. Likewise as other people have noted these "exams" can be abused to screen out people for arbitrary capricious reasons including "political correctness." Alexander Solzehnitsyn talked about the abuse of mental health services for political purposes and I do not think we are above it here in the USA.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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