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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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