Disability Independence Group founder Matthew W. Dietz negotiated a confidential settlement with the Florida Bar Board of Examiners over claims its admissions process was unfair to applicants with a history of mental health or substance abuse problems.

Dietz's client — law student and U.S. Army veteran Capt. Julius Hobbs — sued the Florida Bar Board of Examiners and its executive director Michele A. Gavagni under the American with Disabilities Act. In the September 2017 complaint, Hobbs accused the defendants of insisting he undergo extra checks by the board's psychiatry expert, even though his doctor had declared him fit to practice law.

A student at Western Michigan University Cooley School of Law, Hobbs applied for early admission to the Florida Bar, which would have allowed him to qualify for certain internships, avoid delays in background checks and save money on his application.

But realizing he'd be subject to extra screening that could cost up to $3,500 more than his fellow applicants, Hobbs replaced his application with a lawsuit.

Before his law school days, Hobbs wrestled with anxiety, depression and alcoholism. Following 10 years of military combat, which included three tours of duty in Afghanistan and Iraq, his relationship with his spouse deteriorated and he faced a child custody fight. He was also arrested for drunken driving in 2006 and 2012 but never convicted.

Hobbs reached out to the U.S. Department of Veterans Affairs for help, was diagnosed with mild alcohol-use disorder and adjustment disorder and received five months of psychotherapy, according to the complaint. He then reduced his alcohol consumption and has thrived since starting law school in 2016, according to the lawsuit, which challenged the board's right to second guess his own treating physician.

The defendants denied any wrongdoing, leaning on sovereign immunity and moving to dismiss.

Defense attorney Robert A. McNeely of Messer Caparello in Tallahassee said the board was pleased to conclude litigation and looked forward to continuing its role in recommending admissions.

“The complaint in this case sought to invalidate the core investigatory functions and processes of the board, alleging violations of the [ADA],” McNeely said. “The federal district court upheld those core functions and processes are fully compliant with the ADA.”

McNeely could not say whether the Florida Bar Board of Examiners would change its practices as a result of the litigation, but said it did adopt a policy in March agreeing to pay for independent evaluations in the “small number” of cases that applicants are asked to attend.

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What happened?

Trial had been set for April 15 in the Northern District of Florida until the parties reached a  compromise Tuesday.

The contents of the agreement are unknown, but U.S. District Judge Robert L. Hinkle issued a summary judgment February ruling that state licensing entities like the Florida Bar Board of Examiners can't go as far as employers can with background investigations.

But Hinkle ruled predominantly in the board's favor, finding the ADA doesn't stop it from investigating Hobbs or requiring professional evaluations or psychological testing of  “appropriate scope,” though it can only address related to fitness to practice law. That includes alcohol use or abuse.

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Click here to read the full court order

Hinkle found Hobbs has a regular practice of drinking “substantial amounts of beer” and said it wasn't unreasonable for the board to investigate given his history of DUIs. But the order noted that Hobbs was a good student who has shown no adverse signs of alcohol use.

“Extensive alcohol use, and even alcoholism, without more, do not preclude a person from practicing law,” the order said. “But they are matters the board may investigate.”

Two issues were unresolved at the time of settlement: whether Hobbs has to pay for additional evaluations, and whether the ADA blocks certain requests the board made of Hobbs, who will reapply when he graduates this year.

“My client is enthusiastic to become a member of the Florida Bar and is looking forward to having the opportunity to do so,” Dietz said.

Since its inception, the case presented a dilemma for Dietz.

“I consider myself a bar junkie. I love the Florida Bar. I love my colleagues. I love the profession. So whenever you have a case like this it's almost like a fight within the family,” Dietz said. “My goal was to make this a better profession, and to make sure that people like Mr. Hobbs get the chance to become a lawyer because they'd be good lawyers, and thoughtful lawyers and conscientious lawyers.”

The agreement comes after Duke University's March legal summit in Miami, aimed at raising awareness of mental health and substance abuse among lawyers and judges. Led by medical professionals and legal icons like Hilarie Bass, the conference showcased findings from studies like Journal of Addiction's in 2016, which claimed 21 percent of attorneys exhibit signs of “problematic drinking.”

Related story: Lawyers, Judges at High Risk for Mental Health Issues

Senior staff attorney at Disability Rights Florida Megan Collins hopes the board will tweak its practices.

“My hope is that when the Florida Bar says they're going to emphasize that seeking help doesn't make you less of a lawyer, it makes you a stronger lawyer, that that's a practice that's going to be not just in the community of people already admitted, but that it's going to carry over to the bar application process,” Collins said.

Whatever happens, Collins is encouraged by a new ”momentum.”

“In spite of the fact that [the Hobbs case] settled, which means the judge isn't going to decide the ultimate issue,” he said, “I think that there is a movement in the Florida legal community and nation as a whole toward addressing this issue.”

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