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Lawsuit to take bar exam goes to 7th Circuit

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The man who believes he should be able to sit for the bar exam even though he didn’t go to law school has asked the 7th Circuit Court of Appeals to reconsider the dismissal of his lawsuit.

Clarence K. Carter sued the Indiana Supreme Court and state Board of Law Examiners because he wants to take the bar exam despite not having attended law school. Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana dismissed Carter v. Chief Justice, et al., No. 1:10-CV-328, earlier this year for failure to state a claim that warrants relief.

Carter argues the Indiana Supreme Court justices and the BLE violated his constitutional rights to due process and equal protection to sit for the bar exam. Carter applied to law schools, but was not accepted. Admission Rule 13 provides the educational requirements to sit for the exam, which he believes unconstitutionally prejudges him as being unfit to practice law in Indiana and doesn’t allow him to prove his fitness. He also argues the educational requirements have no bearing on his fitness and ability to practice law.

Carter had his first suit dismissed in March 2010 by Chief Judge Richard Young for not paying the filing fee. He then filed a nearly identical suit shortly after the first dismissal. Carter filed his appeal to the 7th Circuit at the end of March 2011. The docket for the case notes the original record on appeal was filed electronically April 20.

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  • Fair and balanced?
    I am wondering why this appeal to the Seventh Circuit is covered by this paper while mine is not? The subject matter is similar, both alleging unconstitutional bad admission actions on the part of the Indiana judiciary. www.archangelinstitute.org

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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