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Law school reject sues to take bar exam

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An Indianapolis man is suing the state Supreme Court justices and Board of Law Examiners because he believes he should be able to take the bar exam even if he didn't go to law school.

Clarence K. Carter claims Admission Rule 13, which provides the educational requirements to sit for the exam, violates his rights to due process and equal protection under the 14th Amendment.

Rule 13 establishes the minimum educational prerequisites someone needs in order to take the bar exam: graduating from an American Bar Association-approved law school, completion of the law course required for graduation, and completion of two cumulative semester hours of legal ethics or professional responsibility at an approved law school.

Carter applied to 13 ABA-approved law schools between September 2007 and May 2009 and was denied admission to all of them.

The case, Carter v. Chief Justice and Justices of the Supreme Court for the State of Indiana and Executive Director and Members of the State Board of Law Examiners for the State of Indiana, No. 1:10-CV-41, was filed Wednesday in U.S. District Court, Southern District of Indiana, Indianapolis Division.

Carter believes Rule 13 violates his due process rights because the rule unconstitutionally prejudges him as "being unfit and incompetent to practice law" here, doesn't allow him the chance to prove his fitness, and believes the educational requirements have no connection to his fitness and ability to practice law in Indiana.

Carter also argued the rule arbitrarily excludes him from the chance to qualify to practice here because of the law schools' admission denials. The suit alleges the rule unconstitutionally denies equal opportunity to qualify to practice law here to those who can't get into law school or can't afford to attend law school.

Carter wants Rule 13 declared unconstitutional, prevent Rule 13 from being enforced, and allow Carter and others who haven't attended law school to prove fitness and capacity to practice law in Indiana.

This is the third suit filed in the past year dealing in some way with fitness and character to join the bar. In December 2009, a lawyer in good standing in Kansas who lives in Fort Wayne filed suit against the BLE in Bryan J. Brown v. Dr. Elizabeth Bowman, Terry Harrel, et al., No. 1:09-CV-346, because he believes the board was biased and discriminatory based on his religious beliefs when it referred him to the Indiana Judges and Lawyers Assistance Program. In July 2009, a Porter County woman filed a federal suit against the BLE in Jane Doe, et al. v. The Individual Members of the Indiana State Board of Law Examiners, No. 1:09-CV-842, charging that certain questions regarding fitness violate her ADA rights relating to mental health.

On Jan. 8, 2010, Magistrate Judge Jane Magnus-Stinson in Doe denied in part the BLE's motion for a protective order to prevent the American Civil Liberties Union of Indiana from getting confidential information about bar applicants' answers to questions.

Magistrate Judge Magnus-Stinson found the plaintiffs made the requisite showing that "the need for truth" outweighs the importance of the confidentiality policy set forth in Indiana Admission and Discipline Rule 19(3) because the plaintiffs only want anonymous aggregate statistical data from the two most recent bar exams. She ordered the BLE to provide the specified information no later than Jan. 29, and that the plaintiffs must not disclose this information without giving the BLE advance notice in case it wants to prevent the disclosure.

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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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