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Protective order sought in law examiners case

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The Indiana State Board of Law Examiners wants a U.S. District judge to issue a protective order stopping the ACLU of Indiana from obtaining what the agency describes as confidential information about bar applicants' answers to questions.

This is the latest litigation in a potential class action case of Jane Doe, et al. v. The Individual Members of the Indiana State Board of Law Examiners, No. 1:09-CV-842, which charges that the bar examination application violates the Americans with Disabilities Act because of certain mental health questions. The plaintiffs are an Indiana woman admitted in Illinois who wants to practice in her home state, as well as the student ACLU chapter at Indiana University School of Law - Indianapolis where individuals could be impacted by the controversial question.

Laura Bowker, deputy attorney general, filed the protective order motion Monday on grounds that disputed discovery requests from the civil liberties group were off-limits. Two reasons are cited: the information is deemed confidential by Rule 19 of the Indiana Rules for Admission to the Bar and the Discipline of Attorneys; and the request would be too difficult for the five-person office to compile even if it could.

Applicants for any given year total about 1,000, according to the BLE's brief. But wading through those applications by hand to review the questions and responses would be too burdensome for the state agency, it argues. While the ACLU of Indiana had originally sought answers from applications between 2006 and 2009, it has since indicated to the court and in its own brief that the request could be curtailed to only February to July 2009.

In his brief opposing the protective order filed Tuesday, ACLU of Indiana's legal counsel Ken Falk said this information is critical to the plaintiffs' class certification and overall case, and he poked holes in the BLE's argument that the data requested isn't available.

"The argument appears to be that although the questions challenged in this case are considered essential by the members and will, if answered affirmatively, lead to the burden of more reporting by the applicant and perhaps an evaluation by the Judges and Lawyers Assistance Program, no record is kept of those answering the questions affirmatively, who is evaluated, and whether the persons are allowed to sit for the bar or not. This is curious."

Of the confidentiality argument, Falk said he's seeking only the numbers of applicants who answered affirmatively to certain questions, not any names or private information that could be considered confidential. Falk compared the information requested to census data, which is available in statistical format publicly but that all other individual data is confidential. He also noted the BLE distributes membership information about the demographics of those who've taken the bar exam each year.

"The only conclusion that can be drawn from this is that anonymous statistical information is not deemed to be confidential by the Board of Law Examiners," Falk wrote.

The court hasn't issued a ruling on the issue or scheduled a date for any hearing on that point. Still pending before the court are a handful of other issues, such as whether class certification will be allowed.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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