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.