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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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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