Mental Health Character & Fitness Questions for Bar Admission

Introduction

New bar applicants, including recent law graduates, are required to submit an application before taking the bar exam. This application usually includes a Character and Fitness questionnaire that assesses if an applicant is capable of performing the duties of a lawyer.  In 2015, the ABA House of Delegates passed a resolution urging state and territorial bar licensing entities to eliminate from applications required for admission to the bar any questions that ask about mental health history, diagnoses, or treatment and instead use questions that focus on conduct or behavior that impairs an applicant’s ability to practice law in a competent, ethical, and professional manner.

Thirty states and Washington, D.C. include one or more questions referencing the mental health status of an applicant. Mental health questions typically fall into three categories: (1) diagnosis or existence of a mental health condition that could affect an applicant’s ability to practice law; (2) treatment, in-patient or out-patient, of the aforementioned condition; and (3) whether the applicant has ever been party to conservatorship or court-appointed guardianship proceedings. Many of these questions are similar but have different time frames and standards. Questions that only address conduct and effect on competence to practice are not addressed here.

Twenty-two states do not consider a candidate’s mental health status in evaluating their fitness: Arizona, Arkansas, Hawaii, Illinois, Idaho, Indiana, Iowa,  Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New York, North Dakota, Pennsylvania, Tennessee, Texas, Utah, Washington, Wisconsin, and Wyoming. Nine states adopt the character and fitness questions drafted by the National Conference of Bar Examiners (NCBE): Alabama, Louisiana, Montana, New Mexico, North Carolina, Oklahoma, South Dakota, Vermont, and West Virginia, as well as Washington D.C. Five states that do not follow the NCBE test - Colorado, Delaware, Kentucky,  Nevada, and Rhode Island - asked at least one of the NCBE questions. Fourteen other states have drafted their own questions.

Ohio, California, Connecticut, New Jersey, and Oregon ask about mental health only in the context of (3). 

Below, we have a table breaking down which states and DC ask which questions. After that, you will find a list of the specific questions by state. You can scroll down, or use the menu on the left to jump to your state. If your state is marked (NCBE), they use the questions under that heading at the top of the list. The states that do not ask any relevant questions, or which only ask questions regarding conduct, are not included in the chart or list below.

NCBE Questions

• Diagnosis:  Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? Note: “Currently” means recent enough that the condition or impairment could reasonably affect your ability to function as a lawyer. 
• Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program? 

Alabama

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? Note: “Currently” means recent enough that the condition or impairment could reasonably affect your ability to function as a lawyer. 
• Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program? 

Alaska

• Diagnosis: Are you currently suffering from any disorder that impairs your judgment or that would otherwise adversely affect your ability to practice law? 

California

• Are you currently the subject of a conservatorship?

Colorado

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? Note: “Currently” means recent enough that the condition or impairment could reasonably affect your ability to function as a lawyer. 
• Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program? 
• Conservatorship: Have you ever been declared incompetent or had a conservator appointed to help conduct your affairs?

Connecticut

• Conservatorship: ...have you ever been a party to any civil or administrative proceeding or has any civil or administrative proceeding been  instituted by you, on your behalf or against you including, but not limited to…competency or commitment proceedings,…[or]  guardianship…? 

Delaware

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? Note: “Currently” means recent enough that the condition or impairment could reasonably affect your ability to function as a lawyer. 
• Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program? 

District of Columbia (NCBE)

Florida

• Diagnosis: Within the past 5 years, have you been treated for, or experienced a recurrence of, schizophrenia or any other psychotic disorder, a bipolar disorder, or major depressive disorder, that has impaired or could impair your ability to practice law? If your answer is “yes,” please (i) identify each condition for which you received treatment or had a recurrence, (ii) state the beginning and end dates of any treatment (or state “present” if no end date); (iii) state the name and address of each professional who treated you; and (iv) identify any medication that was prescribed to you during treatment. Please direct each treating professional to provide any information or records that the Board may request regarding treatment, which includes, without limitation, hospitalization.

Georgia

• Diagnosis: Within the past two years, have you had any condition or impairment (including, but not limited to, substance use, alcohol use, or a mental, emotional, or nervous disorder or condition) that would substantially inhibit your ability to practice law in a competent, ethical, and professional manner? If you have been or are being treated for a condition so that it does not currently affect your ability to practice law in a competent, ethical, and professional manner, then you need not disclose it.
• Treatment: Has your functioning at school or at work ever been sufficiently impaired (as the result of substance abuse, alcohol abuse, or a mental, emotional, or nervous or behavior disorder or condition) as to require inpatient treatment?

Kansas

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? Note: “Currently” means recent enough that the condition or 12 impairment could reasonably affect your ability to function as a lawyer.

Kentucky

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? “Currently” means recent enough that the condition or impairment could reasonably affect your ability to function as a practicing attorney. Are you currently, or have you been within the last five years, (a) diagnosed with or (b) treated for any of the following: Schizophrenia or any other psychotic disorder, delusional disorder, bipolar or manic depressive mood disorder, antisocial personality disorder, or any other condition which significantly impairs your behavior, judgment, understanding, capacity to recognize reality, or ability to function in school, work, or other important life activities? (If you are uncertain of a diagnosis, it is your responsibility to check with your treating health care professional.) 
• Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program? 
• Conservatorship: Have you been declared legally incompetent within the last 5 years? 

Louisiana (NCBE)

Minnesota

• Diagnosis: Do you have, or have you had within the last 2 years, any condition, including but not limited to the following: (a) an alcohol, drug or chemical abuse or dependency condition, (b) a mental, emotional, or behavioral illness or condition, (c) a compulsive gambling condition, that impairs or has within the last 2 years impaired your ability to meet the Essential Eligibility Requirements for the practice of law set forth in Rule 5A of the Rules for Admission to the Bar? 
• Treatment: Is the condition that impairs or has impaired your ability to meet the Essential Eligibility Requirements for the practice of law set forth in Rule 5A reduced or ameliorated because you have had treatment, are receiving ongoing treatment, are taking medication, or are participating in a support program (such as Alcoholics Anonymous), counseling, or therapy? Within the past two years, have you (A) discontinued treatment or medication for a condition that at any time impaired your ability to meet the Essential Eligibility Requirements for the practice of law set forth in Rule 5A? or (B) failed in any way to comply with the recommendations of a professional that treatment or medication was necessary to avoid negatively affecting your ability to meet the Essential Eligibility Requirements for the practice of law set forth in Rule 5A?
• Conservatorship: Since the age of eighteen have you ever been declared legally incompetent, been placed under conservatorship or guardianship, been involuntarily hospitalized, or been placed under an involuntary hold?

Missouri

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? 

Montana (NCBE)

Nebraska

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? 
• Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program? 

Nevada

• Diagnosis: In the past 10 years, have you been diagnosed with, been treated or sought counseling for bi-polar disorder, schizophrenia, paranoia, or any other psychiatric disorder, or have you ever been committed to any institution for the treatment of any such condition?
• Convservatorship: Have you ever been subject to any proceedings which sought your declaration as a ward of any court, other than as juvenile ward, or an adjudication that you were incompetent or mentally ill? 

New Jersey

• Conservatorship: Have you ever been a party, complainant or participant in or to an administrative, governmental, investigative, judicial, arbitration or disciplinary proceeding, including . . . conservatorship? Subsequent to your 18th birthday, have you or your property ever been placed under the control of a guardian, conservator, trustee, receiver, special fiscal agent or any other custodian? 

New Mexico (NCBE)

North Carolina (NCBE)

Ohio

• Conservatorship: State whether, since filing the Registration Application, you: . . . (v) have been declared legally incompetent or placed under a guardianship or conservatorship as an adult?

Oklahoma (NCBE)

Oregon

• Conservatorship: Are you currently subject to a petition for guardianship, conservatorship, or civil commitment, or have you been subject to a guardianship, conservatorship, or civil commitment within the past five years that may affect your current ability to practice law in a competent, ethical, and professional manner? (“Ethical manner” means compliance with the Oregon Rules of Professional Conduct.)?

Rhode Island

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? 
• Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program?
• Conservatorship: During your adulthood, have you ever been placed under guardianship or conservatorship in any legal proceeding? 

South Carolina

• Diagnosis: Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner? Note: “Currently” means recent enough that the condition or impairment could reasonably affect your ability to function as a lawyer. 
• Treatment: Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program? 
• Conservatorship: List all . . . incapacity, guardianship . . . [proceedings] to which you are or have ever been a party.

South Dakota (NCBE)

Vermont (NCBE)

Virginia

• Treatment: Within the past five (5) years,  have you sought or been directed to seek treatment for your conduct or behavior? 

West Virginia (NCBE)