ABA should consider impact of rape-disclosure questions on bar applications, 3 senators tell association
The ABA should study the prevalence of bar admissions questions that require the disclosure of campus sexual misconduct complaints and requests for orders of protection, according to a letter by three members of the Senate Judiciary Committee. (Image from Shutterstock)
The ABA should study the prevalence of bar admissions questions that require the disclosure of campus sexual misconduct complaints and requests for orders of protection, according to a letter by three members of the Senate Judiciary Committee.
Law360 covered the April 26 letter, written to ABA President Mary Smith by Sen. Richard Blumenthal of Connecticut, Sen. Chris Coons of Delaware and Sen. Mazie Hirono of Hawaii, all Democrats. The letter asks the ABA to study the effect of required disclosure on survivors and what steps that state bars can take to lessen the impact.
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 the letter.
Those administrative proceedings could include complaints of sexual misconduct filed under Title IX of the Education Amendments of 1972, the federal law that applies to schools that receive federal assistance, Law360 explains. The questions could also require disclosure of participation in civil proceedings, which could include requests for orders of protection.
Some states, such as Michigan and Connecticut, specifically ask about orders of protection or restraining orders, according to a prior Law360 article. Minnesota and Missouri, on the other hand, seek information on domestic abuse proceedings.
“Having to disclose sexual assault in bar applications is still a nationwide phenomenon,” the prior Law360 article reported.
The senators’ letter says ambiguity surrounding what must be disclosed and how the information will be used “creates a burden on survivors that seems likely to outweigh the plausible benefits to the bar of such disclosures.”
Smith released a statement in response to the letter.
The ABA has a “long history of working for victims of domestic violence and sexual assault,” Smith said.
She applauded the senators for calling attention to the problem.
“This is an important issue, and the ABA is committed to working with state and local bars to promote a fair process and reduce any burdens on survivors,” Smith said.
