NY's Law School Deans Ask Court Officials to Remove Mental Health Question for Attorney Applicants
In a brief letter sent to state court officials, 14 deans of the 15 law schools in New York state said the inquiry should be stripped from the state's application.
December 09, 2019 at 06:47 PM
6 minute read
The deans of almost every law school in New York state have now publicly called, for the first time, for state court officials to administratively remove a question from the application for admission to the state bar that asks prospective attorneys about their mental health.
In a brief letter sent to state court officials, 14 deans of the 15 law schools in New York state said the inquiry should be stripped from the state's application.
"We, the undersigned deans of law schools in New York State, urge the Administrative Board of the Office of Court Administration to remove Question 34 from the New York State Bar Application," the entirety of the letter reads.
The letter was organized by Mary Lu Bilek, the dean of CUNY School of Law. Bilek said in an interview with the Law Journal that she was surprised it came together so easily.
"I was really struck by the speed with which folks got back to me," Bilek said. "You can't guess what's going on in people's heads, but all the deans said yes, and rather speedily, with one exception. That dean's former position probably made it impossible for her to take a position."
Bilek was referring to Gail Prudenti, the only dean in New York absent from the letter. Prudenti was previously the chief administrative judge of New York and was also the first woman to be named presiding justice of the Appellate Division, Second Department.
Because of her previous positions as an administrator in the state's court system, Prudenti didn't sign on to the letter, Bilek said.
The letter, sent at the end of November, is the latest pressure on state court officials to strip the question from New York's application for admission to the bar. The move is supported by the American Bar Association, New York City Bar Association, and the national Conference of Chief Justices.
Its removal is also backed by the New York State Bar Association, whose governing body formally voted in early November to recommend as much. Support for removing the question was overwhelming, according to sources present for the vote.
Earlier this year, the State Bar Association convened a special group of attorneys to study the question's impact on young attorneys, and if it should be removed from future applications for admission to the state bar.
That group, called the Working Group on Attorney Mental Health, was composed of lawyers from several disciplines and concentrations. A handful of members were from the Young Lawyers Section at the State Bar, for example.
In a report published in August, the working group recommended that the question be removed because, it claimed, the query was adding unnecessary pressure to students in law school and may not even be legal.
Bilek said the report inspired her to reach out to Aviva Abramovsky, the dean of the University at Buffalo School of Law, to see if she would sign on to a letter supporting the question's removal. Abramovsky said she would, and the pair contacted the state's other deans.
"I have watched all of these issues evolving across the country and I'm very happy to see the rise in support for students in terms of the development of their professionalism, concern for their health and wellness — physical, emotional, and mental — and thought this report and the resolution to remove this question was exactly right on," Bilek said.
The report revealed that, while the mental health question is only a small part of the state's application for admission to the state bar, it's had a huge impact on prospective attorneys.
Some law school students, according to the report, have even said they've chosen not to seek help for mental health issues over concerns that such treatment would impair their admission to the state bar. That's on top of the other pressures that come with law school.
Asking about mental health may also very well violate the federal Americans With Disabilities Act, the report said, by appearing to exclude access to someone who discloses such an issue.
Since the report was approved by the State Bar's House of Delegates last month, which doubled as its support for ending the mental health question, a bill has also been introduced in the New York state Legislature to remove the inquiry.
Legislation sponsored by State Sen. Brad Hoylman, D-Manhattan, would force state court officials to remove the question on future applications for admission to the state bar.
A bill would only be necessary to remove the question if state court officials don't, first, do so administratively. Lucian Chalfen, a spokesman for the state Office of Court Administration, said that review is currently underway.
"The proposal to remove Question 34 is currently under consideration by the Administrative Board of the Courts," Chalfen said.
Bilek said the letter should be viewed as a way of offering support for state court officials in their deliberation over the question's removal, rather than a criticism of their inaction.
"In part, the motivation behind this letter was to support the court if it wants to join the Department of Justice, the American Bar Association, and the Conference of Chief Justices in eliminating a question that's about status and not conduct," Bilek said.
"I understand them really needing to be cautious, really needing to be sure they're right, and really needing support," she said.
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