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    August 30, 2024

    ABA Votes to Support Survivors in Bar Admissions

    The ABA now lets survivors of domestic violence and assault omit related legal history from bar applications.

    The ABA now lets survivors of domestic violence and assault omit related legal history from bar applications.

    The American Bar Association (ABA) has enacted a critical policy change aimed at improving the bar admission process for survivors of domestic violence and sexual assault. This decision, finalized by the ABA House of Delegates on August 6, 2024, responds to concerns raised in a letter from Senators Richard Blumenthal, Chris Coons, and Mazie Hirono, dated April 26, 2024.

    The ABA's newly adopted Resolution 800, developed by the Commission on Domestic and Sexual Violence, addresses these concerns by recommending significant changes to state and territorial bar admission practices. Under this policy, bar admission authorities—including character and fitness entities—are now required to allow victims of domestic violence, dating violence, sexual assault, harassment, or stalking the option to omit related legal history from their applications. This includes any legal, administrative, law enforcement, or academic proceedings where the applicant was a complainant or witness.

    In addition to granting this exception, the policy advises that inquiries into an applicant’s background should be narrowly focused on specific conduct relevant to determining their character and fitness to practice law. This is applicable only if the applicant has voluntarily disclosed their status as a victim of gender-based violence. This change aims to ensure that survivors are not unfairly penalized during the bar admission process due to their past experiences.

    The ABA will notify all state and territorial supreme courts and their bar admission authorities about this new policy and will encourage them to revise their admission materials to align with these recommendations. This initiative represents a significant step toward fostering a fairer and more supportive bar admission process, reducing undue burdens on survivors, and upholding the values of equity and justice within the legal profession. The ABA remains committed to monitoring and supporting the implementation of this policy across jurisdictions.

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