North Dakota removes mental health, addiction question from bar application Thursday, September 28, 2023
The State Board of Law Examiners eliminated the condition or impairment question related to mental health and addiction from the bar application – which was question number 30.
The amendment brings the application in line with the Board’s existing policies focusing on behavior and conduct and focusing on an applicant’s ability to practice law in a competent, ethical and professional manner. This is an important step to address ongoing mental health issues in the legal profession. The Board recognizes that the profession has a higher incidence of mental health problems. Lawyers and law students are more likely to experience stress. The Board hopes that this change will encourage law students and lawyers to take ongoing steps to address their mental health.
The revised application can be viewed here:
Question 30 asked:
Condition or Impairment
30. The purpose of this inquiry is to allow jurisdictions to determine the current fitness of an applicant to practice law. The mere fact of treatment, monitoring, or participation in a support group is not, in itself, a basis on which admission is denied; jurisdictions’ bar admission agencies routinely certify for admission individuals who demonstrate personal responsibility and maturity in dealing with fitness issues. The National Conference of Bar Examiners encourages applicants who may benefit from assistance to seek it.
Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner?
Note: In this context, "currently" means recently enough that the condition or impairment could reasonably
affect your ability to function as a lawyer.
□ Yes □ No
Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program?
□ Yes □ No
Service provided: From Mo/Yr ___________________ To Mo/Yr _________________________________
Describe the condition or impairment ________________________________________________
Describe any treatment, or any program that includes monitoring or support ________________
_____________________________________________________________________________________
Name of attending physician or counselor (if applicable) ___________________________________
Address ______________________________________________________________________________
City _____________________________________________State ________________ Zip ___________
Country ______________________________Province _________________________________________
Telephone ____________________________________________________________________________
Name of hospital or institution (if applicable) __________________________________________
Address ______________________________________________________________________________
City __________________________________________State ________________ Zip _______________
Country ______________________________Province _________________________________________
Telephone ____________________________________________________________________________