An increasing number of people say having a mental health disorder is nothing to be ashamed of, and with treatment, patients can get better. That's according to a 2019 survey by the American Psychological Association.
Ohio appears to be taking that view, too, at least for prospective attorneys. Beginning Jan. 17, 2023, the Ohio Bar Association can no longer require law students to list a mental health or psychological disorder in their questionnaire to determine if they have the character, fitness and moral qualifications to practice law.
Court New Ohio reports, "a person's mental health would only be relevant as part of an application when there is conduct that could be detected during the investigation, such as a criminal offense, substance use issues or financial irresponsibility."
Northern Kentucky University Chase College of Law Professor Sharlene Graham has taught for 31 years. In the past decade, she's seen an increase in the number of students who go to law school with issues around anxiety or stress. "Once they learn new skills and can manage stress and anxiety, it doesn’t prevent them from performing exceedingly well as lawyers," Graham says.
She sees the updated rules as an important first step. "I think it reflects a fact that we are post-COVID. I think we are understanding the rise of issues of anxiety and stress."
Graham hopes the Ohio Bar Association makes mental health part of the required continuing education for current attorneys.
The rule amendments, approved by the Ohio Supreme Court, also expand the list of personal characteristics that can't be considered by the bar association. Those include gender, sexual orientation, gender identity and expression and marital status.
