Wednesday, June 11, 2014

SCOVT ducks whether it is OK to ask if bar applicant has mental illness.

In re Hirsch, 2014 VT 28 (28-Mar-2014)

REIBER, C.J. Applicant appeals from a commissioner’s report recommending that he be denied admission to the Vermont bar on the basis of a current unfitness to practice law. Applicant challenges a number of Vermont admission practices and rules as violative of the Americans with Disabilities Act (ADA) and the U.S. and Vermont Constitutions. We adopt the commissioner’s recommendation, and deny the application for admission to the bar.

Applicant challenges questions 25 of the Vermont bar application: “25.Within the past five years, have you been diagnosed with or have you been treated for bipolar disorder, schizophrenia, paranoia, or any other psychotic disorder?” The commissioner did not evaluate applicant’s arguments regarding the propriety of the application questions under the ADA and the U.S. and Vermont Constitutions, noting that their task was to make factual findings and recommendations, not to analyze legal claims. We need not address these claims either, as we conclude that the record amply supports the conclusion that applicant’s conduct, wholly apart from his mental health history or status, demonstrates his lack of fitness.

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