The American Psychological Association (APA) has passed a resolution taking a stand against the current practice of mandatory mental health inquiries on bar exam applications.
In this Above the Law article, it was made clear that according to statistical data gathered by the APA, there exists no correlation between the presence of mental health-related questions in bar exam applications and the aptitude or competence of aspiring lawyers. Thus, these questions do not serve as effective screening tools. The APA also concluded that there’s no evidence indicating these mental health questions can predict cases of attorney misconduct.
As part of the APA’s recent resolution, the association has voiced disapproval for the obligation on law school graduates to disclose their mental health information when applying to take their bar examinations. Advocating for future revisions, the APA expressed intentions to cooperate with the American Bar Association, as well as varying state bar associations, in an effort to abolish these mental health queries from the so-called ‘character and fitness’ reviews of future lawyers.
Increasing opposition towards mental health questions in bar exam applications continues to raise questions around the adequacy of current practices in the legal profession’s licensing procedures. The APA’s condemnation potentially signifies a future shift in how fitness to practice law is determined.