Senator Umberg’s New Law to Overhaul Questionable State Bar Attorney Mental Health Review Signed by Governor
Senate Bill 544 (SB 544) authored by Senator Tom Umberg (D – Santa Ana) was signed into law today by California Governor Gavin Newsom. The law will prohibit the State Bar from asking applicants to sign a medical waiver for a mental health history evaluation.
“The purpose of the bill is to reduce the stigma of mental health issues, and to help mitigate any chilling effect that prevent law students from getting treatment for mental health issues, including sexual assault and PTSD,” said Senator Tom Umberg, a member of the bar since 1980. “There are candidates who do not seek honest and warranted professional help, out of fear they have to divulge those records. SB 544 will stop the bar from asking for access to those records in most cases.”
As part of the “moral character” review process, the State Bar requires applicants to sign a release form giving examiners access to their medical and mental health records, according to an analysis of the issue by the Assembly Judiciary Committee. How often the State Bar delves into those records is not disclosed. Currently, the State Bar has unchecked authority to review an applicant’s mental health history. The State Bar may require applicants to explain past incidents on the application with a medical record examination, which includes a mental health record evaluation, and prompts applicants to fill out a broad medical waiver.
The largest disability rights advocacy group in the nation, nonprofit agency Disability Rights California supported this bill. “We would like to thank Senator Umberg, and Governor Newsom, for recognizing in SB 544 that old prejudices and stereotypes about people with mental health histories have no place in making decisions regarding one’s moral character to practice law,” said Curtis Child, Legislative Director at Disability Rights California.
A 2016 ABA survey of 3,300 law school students found that more than one in six students screened for depression and nearly one in four screened for anxiety. 42% of these survey respondents said they needed mental health treatment and of those respondents, only half ended up receiving counseling because of concerns over how it would affect their bar admission, academic standing, and job prospects.
“There is no reason why perfectly capable people with PTSD or depression, who suffered with those issues, can’t practice law and do so effectively,” said Senator Tom Umberg.
In response to concerns like this, the American Bar Association asked regulators to end the inquiry completely. The United States Department of Justice also recommended ending the practice. Other states, including Virginia, Washington and Louisiana, already acted to block the access that State Bar officials have to mental health records. SB 544, now law, ends the practice except for in limited and narrow circumstances where an applicant wishes to disclose their records on their own accord.
###
Senator Thomas J. Umberg represents the 34th Senate District, which includes the cities of Anaheim, Costa Mesa, Fountain Valley, Huntington Beach, Garden Grove, Long Beach, Los Alamitos, Midway City, Orange, Santa Ana, Seal Beach, and Westminster. Umberg is a retired U.S. Army Colonel, former federal prosecutor, and small businessman. He and his wife, Brigadier General Robin Umberg, USA (ret.), live in Orange County.