More frequent fitness exams?

December 10, 2009
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT
  • 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.

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
ADVERTISEMENT
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT