Senators Coons, Blumenthal, and Hirono urge American Bar Association to examine impact of disclosure requirements on survivors of domestic violence and sexual assault

WASHINGTON - U.S. Senators Chris Coons (D-Del.), Richard Blumenthal (D-Conn.), and Mazie K. Hirono (D-Hawaii) sent a letter to the American Bar Association (ABA) urging the organization to study the prevalence of legal history disclosure requirements and their impact on survivors of domestic violence and sexual assault. In many states, including Delaware, admission to the bar requires aspiring lawyers to provide information about past legal proceedings to which they have been a party. There rules can be read to require, for instance, disclosure of an applicant's efforts to obtain a civil restraining order related to domestic violence or sexual misconduct. In some cases, state bars also require disclosure of an applicant's participation in administrative proceedings, which could mean that survivors would be forced to disclose information about the adjudication of their complaints of campus sexual misconduct before they are permitted to practice law.

"Even if disclosures do not ultimately prevent an applicant's bar admission, the need to report these proceedings - and the ambiguity around what information must be disclosed and how that information is used - creates a burden on survivors that seems likely to outweigh the plausible benefits to the bar of such disclosures," the Senators wrote in their letter to Mary Smith, President of the ABA.

"Moreover, disclosing prior campus sexual misconduct complaints or other proceedings related to sexual assault has in some cases reportedly led to delays in survivors' bar admission. These delays can have negative professional consequences and endanger applicants' ability to earn a living," the Senators continued. "The American Bar Association (ABA) plays a critical role in promoting inclusion and fairness within the legal profession. In the past, the ABA has advocated for important reforms to state bars' use of mental health inquiries for bar admissions."

The full text of the letter can be found here.