Victims of Disorganized Thinking: When Law Students with Mental Health Issues Confront Florida’s Unconstitutional Inquisition
4 Mental Health & Pol'y J. 87 (2015 Forthcoming)
46 Pages Posted: 1 Apr 2015 Last revised: 10 Nov 2015
Date Written: 2014
Abstract
The Florida Board of Bar Examiners’ approach to bar admissions and character and fitness investigations has troublesome effects on the mental health of modern law students. Serious questions exist as to the reasonableness of Florida’s process, particularly when compared with other states. The wisdom of the rules is suspect, because, in addition to demanding sweeping disclosure of mental health issues, the rules prevent lawyers who have been conditionally admitted to the Florida Bar from working or living outside the state, violating constitutional law by withholding benefits for people with mental health issues based solely on residency considerations. Further demonstrating a lack of compassion, the conditional admission process offered by the Board is an individually-costly alternative. In fact, informal survey data shows that spectre of mental health scrutiny leads students not to obtain treatment at all. Showing courage, rather than continuing to protect the status quo, the Florida Board of Bar Examiners should follow the path paved by other states, and reform its rules.
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