New Law Blocks State Bar's Access to Applicants' Mental Health Records
A bar spokeswoman said in June that examiners only request mental health records when “underlying misconduct” raises moral character questions.
July 30, 2019 at 05:46 PM
3 minute read
The original version of this story was published on The Recorder
The California State Bar will be banned from seeking a would-be lawyer's mental health records as part of its moral character assessment process under legislation signed into law Tuesday by Gov. Gavin Newsom.
The law is aimed at ending the bar's practice of requiring applicants to sign broad waivers allowing the Committee on Bar Examiners to access documents or data related to their medical and mental health.
The legislation's author, Sen. Tom Umberg, D-Santa Ana, cited a 2016 survey of law school students by the American Bar Association that found 42% of respondents said they needed mental health treatment. But only half of those who needed treatment sought it for fear of how that might be perceived by law schools, the bar and future employers, according to the survey.
“There is no reason why perfectly capable people with PTSD or depression, who suffered with those issues, can't practice law and do so effectively,” Umberg said in a statement.
A bar spokeswoman said in June that examiners only request mental health records when “underlying misconduct” raises moral character questions. Bar admissions managers must approve such requests, she said.
How often the bar delves into those records is unclear, but Umberg said he knows of candidates who fear what they might have to divulge about seeking professional help. The new law will stop the bar from asking for those records unless applicants themselves request their review to demonstrate that they are of good moral character or to explain a specific act of misconduct in the past.
The bar did not take a position on the bill.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Horror of Horrors': Florida Judges Spar Over En Banc Review in Binance Ruling
4 minute readJudge Cites 'National Outrage' in Upholding State AG Claims Against Meta
5 minute readAssisted Living Facility's One-Sided Arbitration Agreement Rendered Unenforceable by Illinois Appellate Court
4 minute readTrending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2A&O Shearman Adopts 3-Level Lockstep Pay Model Amid Shift to All-Equity Partnership
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5A RICO Surge Is Underway: Here's How the Allstate Push Might Play Out
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250