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    May 29, 2024

    ABA is Committed to Protecting Sexual Assault Survivors in Bar Admissions Process, Letter Says

    Character and fitness questions on bar applications often require would-be lawyers to disclose whether they have been a party to legal proceedings.

    Character and fitness questions on bar applications often require would-be lawyers to disclose whether they have been a party to legal proceedings.

    This article was originally published in the ABA Journal.

    ABA President Mary Smith is asking an ABA commission to study the prevalence and impact of bar admissions questions that require survivors of domestic violence, sexual assault and stalking to disclose their involvement in legal and administrative proceedings.

    In a May 7 letter to three Democratic senators who raised the issue, Smith said the ABA “shares your concerns about the potential trauma, uncertainty and delays these disclosures have on survivors of domestic violence and sexual assault.”

    Character and fitness questions on bar applications often require would-be lawyers to disclose whether they have been a party to legal or administrative proceedings, according to Sen. Richard Blumenthal of Connecticut, Sen. Chris Coons of Delaware and Sen. Mazie Hirono of Hawaii.

    In some states, broad wording may require survivors to disclose campus sexual misconduct complaints or protection orders related to their experiences of domestic violence and sexual assault, the senators said in an April 26 letter asking the ABA to study the issue.

    Smith has referred the matter to the ABA Commission on Domestic & Sexual Violence, which plans to study the issue and develop a resolution and report for consideration by the ABA House of Delegates when it meets in August at the ABA Annual Meeting.

    Experts on the commission “reiterated that requiring survivors to retell the stories of their abuse and relive their trauma can be harmful to them,” Smith wrote.

    Smith pointed out that state supreme courts and their bar admissions authorities adopt admission rules, including the specific information that must be included in character and fitness reports.

    “This is an important issue for the ABA, and we are committed to working with state supreme courts, the bar admission authorities created by those courts, and others to promote a fair process and reduce any burdens on survivors,” Smith wrote.

    The ABA has previously advocated for removal of “discriminatory and traumatizing questions” from state character and fitness questionnaires, including questions about applicants’ mental health history, Smith said in the letter.

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