Sept 21 (Reuters) – New Jersey will limit its mental health and substance abuse disclosure requirement for those applying to join the bar as attorneys.
The Supreme Court of New Jersey on Thursday said it will revise a question on the state’s mandatory “character and fitness” questionnaire that asks candidates to disclose conditions affecting their ability to practice including substance abuse or a “mental, emotional or nervous disorder or condition,” and whether they are seeking treatment. The change goes into effect on Oct. 1.
Under the modified question, candidates need not disclose any conduct or behavior in the past five years “related to a mental health diagnosis, addiction to alcohol or drugs, or other condition that is or has been treated effectively by a health care provider or other medical professional, or through consistent participation in an established treatment program.”
But they will be required to disclose whether they currently have a substance abuse or mental health issue that affects their ability to practice law in a competent and ethical manner. A separate, new question asks candidates to disclose whether they have invoked any condition or impairment as a defense to any investigations, inquiries, or judicial proceedings.
“These revisions to the character and fitness questionnaire encourage bar candidates to take positive steps to treat their mental health and addiction issues,” said New Jersey Chief Justice Stuart Rabner in a prepared statement. “That approach will enable them to become better lawyers and serve the public well.”
New York, Ohio and Virginia are among the states that recently eliminated mental health questions from their character and fitness reviews amid pressure from mental health advocates who say such disclosures discourage law students from seeking help.
The New Jersey State Bar Association, along with the Garden State’s two law schools, in March asked the high court to eliminate the mental health and substance abuse disclosure altogether. A bar association spokesperson did not immediately respond to requests for comment Thursday.
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Reporting by Karen Sloan; editing by Leigh Jones
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