Indiana State Bar Association Public Feedback on Proposed Amendments to the Admission and Discipline

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Indiana State Bar Association Public Feedback on Proposed Amendments to the Admission and Discipline

Wednesday, December 6, 2023 (2 Comments)

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December 6, 2023

To the Indiana Supreme Court:

The Indiana State Bar Association respectfully offers the following feedback on the proposed amendments to the Admission and Discipline Rules providing Indiana with a detailed waiver provision that sets out a path for otherwise qualified law school graduates to sit for the Indiana bar exam.

The Indiana State Bar Association (ISBA) supports the proposed amendments to Rule 13 (Educational Requirements for Admission to Examination).

ISBA believes these changes have the potential to increase the availability of proficient lawyers in Indiana while still ensuring a qualified entity vets the candidates petitioning to sit for the exam.

ISBA submitted comments in April opposing proposed amendments to Rules 6 (Admission on Foreign License), 13 (Educational Requirements for Admission to Examination), and 17.1 (Admission by Transferred Uniform Bar Examination Score) of the Admission and Discipline Rules. Those proposed changes were different than the current proposal.

The comments ISBA submitted to the court in April included: “Without confirming that all such entities’ standards align with what we in Indiana consider crucial to providing a high quality legal education and that all such entities have a robust procedure for monitoring accreditation compliance, we do not support allowing graduates of law schools accredited by those other entities to sit for the Indiana bar.”

Although the current proposal doesn’t include a specific provision for Indiana accreditation, the ISBA believes it succeeds in providing a sufficient vetting process. Indiana's Board of Law Examiners has long been the gatekeeper for minimum competency of Indiana attorneys. Relying on this board to review requests from otherwise qualified law school graduates would be an effective solution to ensuring that candidates are adept in legal practice, helping to maintain a more proficient legal community.

Thank you for considering these comments,

Hon. Thomas J. Felts
Indiana State Bar Association President
Fort Wayne

Comments...

Amanda L. Link says...
Posted Thursday, December 7, 2023

I am very disheartened to see that this is the ISBA's position on this matter, as I do not think that this is at all representative of its membership. Our state does a wonderful job of providing opportunities for individuals to seek a legal education - from the ICLEF program to strong scholarship opportunities within the individual ABA-accredited schools -- and to pass the bar exam - including mentorship and coaching from the IndyBar for those who have not been able to pass. I cannot support this initiative. We already have a "minimum competency" issue in sections of our Bar who have gone through law school and passed a bar exam. We shouldn't be racing to the bottom. The public whom we serve deserves way better than that, and that is what is lost here. These positions which cannot be filled? That's because they are not being compensated properly for the work that they are required to do, in particular in the public sector.

John M. Stuckey says...
Posted Wednesday, December 6, 2023

I will be withdrawing from the ISBA because of this. I do not think, nor do I think that the Indiana bar believes persons graduating from non ABA accredited law schools sitting for the Indiana bar is a good idea. Moreover, the u-turn by the ISBA makes me want to disassociate from this organization that I've been a member of for so many years. Good luck with out of state lawyers who achieve internet law degrees from non accredited law schools, take what appears to be a watered down future bar exam and practice what passes for law in the future in my State of Indiana.