Man still fighting dismissal of bar exam suit

Back to TopCommentsE-mailPrintBookmark and Share

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 wants a federal judge to reopen his case, arguing that he has no other legal recourse available and the court’s refusal to allow relief is contrary to established precedent.

Judge Tanya Walton Pratt in the U.S. District Court for the Southern District of Indiana has dismissed the federal suit with prejudice, but plaintiff Clarence K. Carter filed a request this week that it be reopened. His case centers on claims that state justices and the BLE have violated his constitutional rights to due process and equal protection to sit for the bar exam in Indiana, even though he hasn’t attended law school. Administrative Rule 13 doesn’t allow for that, and Carter alleges the requirement arbitrarily excludes him from the chance to qualify to practice law in this state as a result of law school admittance denials. The case is Carter v. Chief Justice and Justices of the Indiana Supreme Court, et al., No. 1:10-CV-0328.

Judge Pratt had dismissed the case nearly two months ago for failure to state a claim that warrants relief, but Carter raised questions about whether that dismissal was with or without prejudice. The court’s Rule 41 dictates that a dismissal is with prejudice unless the court specifies otherwise, but regardless of that rule Carter alleges that “extraordinary circumstances” exist in this case and that requires the judge to re-open his suit. Judge Pratt had also denied other motions he filed in February.

Specifically, Carter alleges the court’s basis for denying a request for relief is in direct conflict with the practice and conformity of the 7th Circuit. He cites Chaundhry v. Nucor Steel-Indiana, 546 F. 3d 832 (7th Cir. 2008), which held that “terminating a case on the same day the court grants a motion to dismiss a complaint is somewhat unorthodox.” That denied him the right to amend his complaint, Carter says. He also alleges the District Court incorrectly calculated days for timely filings. The previous judgments should be vacated and the case opened again so that he can amend his complaint, his new motion states.

No appeals have been filed as of today in this case with the 7th Circuit Court of Appeals, according to the court docket.


  • Updates?
    Clarence- what your doing here is of great importance to lovers of liberty everywhere. Any updates?
  • Let them test...
    I say let them test. I would like to do it as well. If one can pass the test, perhaps it should be an automatic pass to go to law school. Then again maybe law school is not needed at that point. Perhaps a stint at a law firm or or court would work to polish the practical procedures.
    Remember that not all law school graduates got "A"s. There were the bottom of the class folks as well. Are they better than the self taught? Not necessarily. Let the law schools compete for the cream. Allowing home-schooled and self-taught in addition to "reading the law" would add some competition to the profession.
    The market will do the rest. The market will punish the poor performers with zero business. The court will sanction incompetent practioners.
    I suspect that these non-ABA school attorneys would have a specific specialty in mind and they may even excel at it.

    I'd like to bet that I can pass the test. As a top of the class student and a life studier, my interest level has piqued to the point that I would really like to pursue this. The only way for me would be to take the bar and then study more.
    Again, let him take it. If he can pass, how does that bode for the many who can not? Perhaps it is an embarassment for the schools with low passing ratios?

    Accept the challenge. Some people are able to do it and do it well.
  • Let Me Do It
    Thank you for comment. I am holding my own in this complex litigation. So I am sure I can hold down a successful practice. If the bar exam is designed to weed-out incompetent individual then let's see if I am a weed. Although, the case is not about taking bar it is about law school is not attainable by reasonable study due to arbitrary admission practice to get into law school, which have nothing to do with being competent to practice law. After the bachelor degree and LSAT the admission process goes into a world of arbitrariness, which makes the graduation requirement unconstitutional. Read-Dent v. West Virginia, 129 U.S. 114 (1889)
  • Let Him Do It!
    Having gone through almost my entire law school career, interned in multiple law offices and government entities and seen numerous practicing attorneys in Indiana, I say let him take the test. Law school in no way prepares you to practice - who knows, maybe he will go on to do amazing things in the area of law. If one can study on his own and pass the bar exam, who is to stop him?

    All the attorneys practicing now don't remember everything from law school anyway - I dare someone to explain the Rule Against Perpetuities right now...

    Post a comment to this story

    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
    You are legally responsible for what you post and your anonymity is not guaranteed.
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by
    Subscribe to Indiana Lawyer
    1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

    2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

    3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

    4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

    5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.