Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, February 12, 1995 TAG: 9502130006
SECTION: CURRENT PAGE: NRV2 EDITION: NEW RIVER VALLEY
SOURCE: AMY FORSYTH-STEPHENS SPECIAL TO THE ROANOKE TIMES & WORLD-NEWS
DATELINE: LENGTH: Medium
She was denied a license to practice law in Virginia.
Sadly, this is no joke. It happened to Julie Ann Clark. She was completing an application to practice law in Virginia and stopped abruptly at the now infamous Question 20-B: "Have you within the past five years been treated or counseled for any mental, emotional or nervous disorders?"
Clark thought this was a private matter, not having anything to do with her ability to practice law. Because she refused to answer the question, the Virginia Board of Bar Examiners refused to issue her a license.
Clark took her case to federal court. The trial lasted two days. The judge is scheduled to issue a ruling within the month.
The Mental Health Association of the New River Valley strongly agrees with Clark. The inclusion of that question, right under "Have you ever been convicted of a felony?" casts a criminal shadow on all who answer affirmatively. The bar is practicing blatant discrimination - a discrimination rooted in a stigma that is misguided and antiquated.
Nearly half of American adults experience some form of significant mental illness, such as a mood disorder (depression), anxiety or substance abuse in their lifetimes; nearly a third experience one or more of these problems in any given year, according to a 1994 study by the University of Michigan. I would conclude from this that there are many people in the New River Valley, including some of the area's 130 licensed lawyers, who could benefit at some time in their lives from professional help for such problems.
Professionals - physicians, lawyers, psychologists, teachers, engineers - are not immune to mental or emotional difficulties. These problems are not limited to the uneducated, the poor or disadvantaged.
Lawyers and law students, one would assume, might be at especially high risk as they cope with the stringent demands of law school, high workloads, long working hours and the circumstances (not always happy) of their clientele.
Should Virginia discriminate against lawyers who are wise enough to seek help? I, personally, would rather retain a lawyer who was receiving the proper professional help than one who was self-medicating with alcohol at a local bar because it was a "sign of personal weakness" to see a therapist. When will we understand that the personal weakness lies in NOT seeking help when one needs it?
Marc Long, president of the Montgomery/Floyd/Radford Bar Association, agrees. He has known more than a few troubled lawyers and thinks none of them would be eager to share his or her clinical records with the bar.
"Mental health should be treated like physical health. The bottom line is this: Is this disorder something that would impact a person's ability to practice law right now? If the bar wants proof of this, let a mental health professional's statement of such suffice."
The Mental Health Association of the New River Valley has fought the stigma associated with mental illness since its inception in 1962. It provides free literature and videos, sponsors educational forums and conducts prevention programs with the area's youth.
For information, contact the Christiansburg office at 382-5629 or (800) 559-2800.
Amy Forsyth-Stephens, a resident of Blacksburg, has been executive director of the Mental Health Association of the New River Valley since November 1993. She has a master's degree in social work.
by CNB