Dear Insert state bar association here,
I would like to address an injustice which has already been struck down in various states. The bar exam has a history of excluding minorities. While steps have been made to fix the system, the next major step is to fix the mental health discrimination which exists in the character and fitness portion.
If you are receiving this letter it means your organization is one of twenty-seven states that still asks mental health questions in the character and fitness portion of the pre-bar exam. It’s important to understand that these questions are ineffective and discriminatory. As we can see from an investigation done by the Department of Justice in 2014, mental health questions have no impact on predicting the effectiveness of an individual as an attorney.
To further articulate this point we can look to the Americans with Disabilities Act which specifically states, “No qualified individual with a disability shall, by reason of such disability, be barred from participation in or the benefit of services, programs, or activities of a public entity”. Mental health disabilities are included in their definitions. In fact, this information has repeatedly been used as justification for court cases to challenge the use of mental health questions by bar associations.
We stand in firm opposition to the use of mental health questions as a method of vetting bar applicants. Due to the reasoning previously stated, we call for your organization to exclude the mental health questions from the character and fitness portion of the pre-bar exam on the grounds that the questions do not serve the intended purpose. These questions are discriminatory and create a glass ceiling for those dealing with mental health disabilities. I appreciate the support in this pressing issue and look forward to your future correspondence.
Louisiana Mental Health Disability Government Intervention Agreement.
Sincerely,
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