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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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