New York Court Allows Bar Admission for Lawyer with History of Schizophrenia
Earlier denial constituted discrimination, say advocates
(Washington, DC) - In a move cheered by advocates for the rights of people
with mental disabilities, a New York court last week reversed an earlier
decision to deny admission to the state bar association based on a previous
history of mental illness.
"This is a victory against arbitrary discrimination directed at people with
mental illness," said Jennifer Mathis, an attorney at the Bazelon Center for
Mental Health Law who represented Mayank V. Munsiff in an appeal of the
court's initial ruling. "Our client's admission to the bar is a recognition of
the fact that people can overcome the effects of serious mental illnesses and
have meaningful and productive careers.
"Too often, people with mental illnesses are denied access to professional
opportunities based on stigma," continued Mathis. "An individual's abilities,
not baseless prejudice, should govern professional licensing."
Munsiff developed paranoid schizophrenia while in law school and experienced
delusions for several years until 1993, when he received treatment that
stabilized his condition. During that time, Munsiff acquired a criminal record
based entirely on nonviolent crimes stemming from his delusions. His illness
strained the family's relationship and ultimately led to his becoming
homeless.
With appropriate services, Munsiff was able to turn his life around, renew his
ties to his family and community, contribute to the community through
volunteer efforts, and successfully represent many clients in administrative
hearings as a Legal Aid Society volunteer. After six years of stable life in
the community, he took, and passed, the New York State Bar Examination, only
to be denied admission to the bar by the New York Court due to his history of
mental illness.
"To make their initial decision, the court had to ignore seven years of stable
life in the community, the medical opinions of four psychiatrists, a
distinguished record as a legal services volunteer, and the recommendation of
the bar character committee" said Jeremiah Gutman, lead counsel for Munsiff.
"This wasn't just a denial of admission to the New York bar. It was a denial
of Mr. Munsiff's human potential."
Munsiff turned to the New York State Court of Appeals, the state's highest
court, which found that he should have access to records relevant to the
denial of his admission to the bar and a chance to respond to them. The case
was then sent back to the lower court.
Finding no evidence in the file suggesting that Munsiff's history of mental
illness would affect his ability to perform his duties as an attorney, his
lawyers argued that the denial was discriminatory under Title II of the
Americans with Disabilities Act.
They submitted an additional opinion from a nationally recognized expert on
schizophrenia confirming that Munsiff's past history would not affect his
ability to practice law. On December 4, Munsiff received a notice that the
lower court had reversed its earlier decision, enabling his admission to the
bar.
"We hope this decision will send a message to licensing boards elsewhere that
they can't trample on the rights of people with mental illnesses," concluded
Mathis.
Source: Bazelon Center for Mental Health Law
This 'Mental Health E-News' posting is a service of the New York Ass'n of
Psychiatric Rehabilitation Services, a statewide coalition of people who use
and/or provide community mental health services dedicated to improving
services and social conditions for people with psychiatric disabilities by
promoting their recovery, rehabilitation and rights.
To join our list, e-mail us your request and, where
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Last Updated on
04/14/04
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