Robert Grundstein v. Vermont Board of Bar Examiners
DueProcess Securities
What levels of due process are required for bar admission?
QUESTIONS PRESENTED FOR REVIEW Opportunity to Resolve Vermont Violations and Circuit Splits Pertinent to Bar Admissions What Levels of Due Process are Required for Bar Admission? Can A State Impose a Five Year Maximum Between Date Applicant Graduates from Law School and Sits for Exam? 4 Insufficient 5% and 14 Amendment Due Process for Vermont Character and Fitness Procedures Circuit Splits on : Level of Due Process for Character and Fitness , Is an informal interview before a State Character and Fit. ness Committee, without additional hearings or standards of evidence and burdens of proof similar to those required by the Administrative Procedures Act, sufficient Due Process if a party is denied summary admission to a State Bar? (Most states have an administrative hearing and appeal after informal interview. Vermont doesn’t) 2 Violation of Equal Protection and Fundamental Rights Vermont Cannot Limit Bar Seating to Those Who ‘ Graduated from Law School within Five Years of Exam Vermont Circuit Creates Circuit Split as Only State to Impose This Limitation . Can Vermont limit Bar Exam seating to those who graduated within Five Years of a scheduled exam? There is no rational relation between this restriction on a fundamental right to pursue a profession. 3 . Vermont Violations of 14th Amendment Equal Protection and Fifth Amendment Due Process in Bar Admission Cannot Require Only One Successful Applicant to Perform Acts Not Described in Rules. . : ; : If an applicant successfully completes all Vermont State Bar requirements under the Rules for Admission to the Bar, ; does it violate Equal Protection and Due Process if the State requires one, discrete, solitary party to do things not described in the Rules and which no other applicant has to do? 4 Separation of Powers Supreme Court Cannot Perform Legislative, Executive and Adjudicative Functions If a Supreme Court writes its own Rules for Admission : to the Bar, does not send them to the legislature as required by State Statute, appoints parties to administer these rules : and adjudicates activities under these rules, does it violate separation of powers?