Michigan's Process for Evaluating the Character and Fitness of Applicants to Practice Law is Constitutional

Our firm represented the State Bar of Michigan, its executive director, and its character and fitness investigators. A law school graduate applied for admission to practice law in Michigan. After receiving an unfavorable recommendation, he filed a federal court action alleging that Michigan's process for evaluating bar admission applications was unconstitutional. He also sued the investigators who reviewed his application, alleging that their unfavorable recommendation was retaliation for his exercise of free speech rights. The federal district court granted summary judgment and dismissed the complaint. The Sixth Circuit affirmed, holding that the standards and procedures used in Michigan to decide whether an individual should be admitted to practice law were constitutional. The court also held that the State Bar's investigators were entitled to qualified immunity against suit.