The propriety of broadly worded mental health inquiries on bar application forms.
S. C. Gauffreau,
Bull. Amer. Acad. Psychiatry & the Law
24(2): 199-217, 1996.
Many of our states continue to make broadly worded inquiries on bar application forms as to the
mental health of the applicants. Constitutional attacks on the propriety of such inquiries have been
unsuccessful. Since the passage of the Americans with Disabilities Act of 1990, however, the courts
have ruled against the legality of nonspecific inquiries into issues that are not relevant to the
applicant's competence to practice law. The current status of litigation in this area is discussed and
recommendations are made for dealing with this issue.