On September 19, 2023, the Supreme Court adopted changes to the Character and Fitness Questionnaire to narrow the scope of inquiry into candidates' mental health in the bar admissions process.
After careful study, the Court re framed the question (previously "Question 12B") to state the inquiry more explicitly in terms of conduct and behavior, rather than treatment or diagnosis. The Court also expressly exempted from disclosure any conduct or behavior related to a mental health diagnosis, addiction, or condition that is or has been treated effectively under the care of a health care provider or other medical professional, or through consistent participation in an established treatment program.
The revised preamble to the question explains the limited nature of the inquiry and encourages candidates to seek support and treatment when necessary.
The Court added a question about whether candidates have asserted any condition or impairment as a defense, in mitigation, or as an explanation for their conduct in the course of any inquiry, investigation, or administrative or judicial proceeding.
The modifications will take effect on October 1, 2023 - the date that applications open for the upcoming bar examination.
Document Date: Sept. 21, 2023
Publish Date: Sept. 21, 2023