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Lawsuit to take bar exam dismissed, re-filed

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The man who sued the Indiana Supreme Court and State Board of Law Examiners because he wants to take the bar exam without going to law school had his case dismissed in federal court this week due to failure to pay the filing fee. He then re-filed his suit Thursday, alleging the same claims.

Clarence K. Carter filed suit against the Supreme Court justices and the Board of Law Examiners in January claming Admission Rule 13, which provides the educational requirements to sit for the bar exam, violates his rights to due process and equal protection under the 14th Amendment.

Carter failed to pay his filing fee for the first suit and wanted the court to grant him in forma pauperis status. Carter had been ordered to pay $50 a month for seven months to cover the filing fee. Chief Judge Richard Young dismissed the case without prejudice Wednesday for failure to prosecute by not paying the fee. Carter filed a nearly identical suit in federal court Thursday. The new case is Carter v. Chief Justice and Justices of the Indiana Supreme Court, et al., No. 1:10-CV-0328.

In both suits, Carter says his applications to 13 American Bar Association-approved law schools were all denied. He alleges 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.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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