Court Decision Allows Bar Admission for Lawyer with History
of Schizophrenia
Earlier denial constituted discrimination, say advocates
(Washington, DC) - In a move cheered by advocates for the rights of people
with mental disabilities, a New York court last week reversed an earlier
decision to deny a lawyer admission to the state bar based on a previous
history of mental illness.
"This is a victory against arbitrary discrimination directed at
people with mental illness," said Jennifer Mathis, an attorney at
the Bazelon Center for Mental Health Law who represented MM (client's
name withheld by request) in an appeal of the court's initial ruling.
"Our client's admission to the bar is a recognition of the fact that
people can overcome the effects of serious mental illnesses and have meaningful
and productive careers.
"Too often, people with mental illnesses are denied access to professional
opportunities based on stigma," continued Mathis. "An individual's
abilities, not baseless prejudice, should govern professional licensing."
MM developed paranoid schizophrenia while in law school and experienced
delusions for several years until 1993, when he received treatment that
stabilized his condition. During that time, MM acquired a criminal record
based entirely on nonviolent crimes stemming from his delusions. His illness
strained the family's relationship and ultimately led to his becoming
homeless.
With appropriate services, MM was able to turn his life around,
renew his ties to his family and community, contribute to the community
through volunteer efforts, and successfully represent many clients in
administrative hearings as a Legal Aid Society volunteer. After six years
of stable life in the community, he took, and passed, the New York State
Bar Examination, only to be denied admission to the bar by the New York
court due to his history of mental illness.
"To make their initial decision, the court had to ignore seven years
of stable life in the community, the medical opinions of four psychiatrists,
a distinguished record as a legal services volunteer, and the recommendation
of the bar character committee" said Jeremiah Gutman, lead counsel
for MM. "This wasn't just a denial of admission to the New York bar.
It was a denial of our client's human potential."
MM turned to the New York State Court of Appeals, the state's highest
court, which found that he should have access to records relevant to the
denial of his admission to the bar and a chance to respond to them. The
case was then sent back to the lower court.
Finding no evidence in the file suggesting that MM's history of
mental illness would affect his ability to perform his duties as an attorney,
his lawyers argued that the denial was discriminatory under Title II of
the Americans with Disabilities Act.
They submitted an additional opinion from a nationally recognized expert
on schizophrenia confirming that MM's past history would not affect
his ability to practice law. On December 4, MM received a notice
that the lower court had reversed its earlier decision, enabling his admission
to the bar.
"We hope this decision will send a message to licensing boards elsewhere
that they can't trample on the rights of people with mental illnesses,"
concluded Mathis.
###
For three decades, the Bazelon Center for Mental Health Law has been
the nation’s leading legal advocate for the civil rights and human
dignity of people with mental disabilities. For more information, please
visit www.bazelon.org.
|
