New Jersey is set to make changes to its mental health and substance abuse disclosure requirements for individuals seeking admission to the bar as attorneys.
The Supreme Court of New Jersey has announced plans to amend a question within the state’s mandatory “character and fitness” questionnaire, which traditionally compelled candidates to divulge conditions affecting their capacity to practice law, including substance abuse or mental, emotional, or nervous disorders, as well as whether they were seeking treatment. This alteration will become effective on October 1.
The revised question will no longer necessitate candidates to disclose any behavior or conduct within the past five years linked to a mental health diagnosis, alcohol or drug addiction, or any other condition effectively treated by a healthcare provider or medical professional, or through consistent participation in a recognized treatment program. However, candidates will still be required to disclose if they currently possess a substance abuse or mental health issue that impairs their ability to practice law competently and ethically. Additionally, a new question will ask candidates to reveal if they have used any condition or impairment as a defense in investigations, inquiries, or judicial proceedings.
Chief Justice Stuart Rabner of New Jersey stated, “These revisions to the character and fitness questionnaire encourage bar candidates to take positive steps to treat their mental health and addiction issues. That approach will enable them to become better lawyers and serve the public well.”
This move aligns with a growing trend nationwide, with states like New York, Ohio, and Virginia recently removing mental health-related questions from their character and fitness evaluations. Mental health advocates argue that such disclosures deter law students from seeking help. In March, the New Jersey State Bar Association and the state’s two law schools called for the complete elimination of mental health and substance abuse disclosure, although the response from the bar association to this latest development is still pending.
