This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.
The New Jersey State Bar Association called upon the state Supreme Court to revise its evaluation process for admission to the New Jersey bar. The Association asked the Court to eliminate questions on the New Jersey bar application relative to an applicant’s mental health, more specifically question 12B. This question requires applicants to disclose any condition or impairment, including a mental, emotional or nervous disorder or condition that affects the applicant’s ability to practice law. The question further asks for a description of any ongoing treatment programs to reduce or ameliorate the condition.
“The veil of shame has begun to lift around the freedom people feel to seek assistance and discuss their mental health, yet several reports indicate law students are increasingly reluctant to seek mental health assistance out of fear that act of wellness could jeopardize their admission,” said NJSBA President Jeralyn L. Lawrence in her letter to Chief Justice Stuart Rabner.
The initiative arises from the recommendations by the Putting Lawyers First Task Force, which explored issues of lawyer well-being with a specific focus on mental health. According to a recent survey conducted by the Task Force, the results reflected high percentages of anxiety, burnout, feelings of isolation and other mental health-related issues among attorneys, including suicidal ideation. The American Bar Association conducted a similar study that showed more than half the respondents reported a mental health diagnosis.
“The NJSBA believes that, instead of contributing to a reluctance to seek mental health assistance we should be championing efforts of bar applicants and attorneys to seek the help they need as early as possible,” said Lawrence.
Both Rutgers and Seton Hall Law School leadership support this request and their letters were submitted in addition to Lawrence’s. The NJSBA also pointed out that the ¬Institute for Well-Being in the Law and the Conference of Chief Justices have called for similar action to eliminate mental health questions on bar admission applications. There are 26 states that have either eliminated, substantially modified or never used mental health status on their bar applications.
The NJSBA pointed out that there are other ways to obtain relevant information necessary to determine a bar applicant’s fitness to practice law, including maintaining question 12A. This question addresses past conduct of an applicant and the impact that conduct will have on the applicant’s ability to practice in a competent, professional and ethical manner.
“In focusing on actual conduct rather than ‘conditions’ or ‘impairment,’ this inquiry, more than 12B, provides pertinent disclosures necessary to examine an individual’s fitness to practice and accomplishes the goal of gathering information necessary to protect the integrity of the practice,” said Lawrence.
The full letter and enclosures are available at njsba.com.