Notice - Supreme Court Clarifies Inquiries about Restraining Orders and Title IX Actions on the Character and Fitness Questionnaire.

NOTICE TO THE BAR 

SUPREME COURT CLARIFIES INQUIRIES ABOUT RESTRAINING ORDERS AND TITLE IX ACTIONS ON THE CHARACTER AND FITNESS QUESTIONNAIRE 

              On February 2, 2024, the Supreme Court adopted changes to the Character and Fitness Questionnaire to make clear that the scope of inquiry into a candidate's prior filing of restraining orders or Title IX actions during the bar admissions process is narrow. 

              The question asks whether a candidate has been a party to a civil, administrative, or other enumerated proceeding, including petitions for protection from abuse, restraining orders, and Title IX proceedings (Section SA). With regard to petitions for protection from abuse, restraining orders, and Title IX proceedings, the question is designed to ascertain whether a candidate has been accused of serious conduct that might bear on the candidate's character and fitness to practice law, or has abused court processes through the repetitive, frivolous, or vexatious filing of civil actions more broadly. The question is not intended to probe into the sensitive details of proceedings that involve victims of abuse or assault. 

              A new addendum to the question more clearly states that candidates who disclose that they filed petitions for protection from abuse, restraining orders, or Title IX actions are not asked to provide a description or documentation, which is required in connection with other types of actions. Rather, candidates disclosing petitions for protection from abuse, restraining orders, and Title IX proceedings need only provide the case caption and the outcome. 

              The modifications take effect immediately, and a revised Character and Fitness Questionnaire will be posted to the Board of Bar Examiners website expeditiously so that those currently seeking admission will have the benefit of this change.