Admission To The Bar in The United States - Character and Fitness

Character and Fitness

In addition to the educational and bar examination requirements, most states also require an applicant to demonstrate good moral character. This has resulted in a variety of subjective factors being used to prevent applicants who are otherwise qualified from being admitted. For example, until the policy was reversed by the Supreme Court of Virginia in 1979, female applicants who were cohabiting out of wedlock were denied admission to the bar. In early 2009, a person who had passed the New York bar and had over $400,000 in unpaid student loans was denied admission by the New York Supreme Court, Appellate Division due to excessive indebtedness, despite being recommended for admission by the state's character and fitness committee. He moved to void the denial, but the court upheld its original decision in November 2009, by which time his debt had accumulated to nearly $500,000.

For example, in Virginia, each applicant must complete a 24-page questionnaire and may appear before a committee for an interview if the committee initially rejects their application.