The State Bar of California will now evaluate applicants’ involvement in campus protests on a case-by-case basis during the moral character review process. This decision follows an internal review aimed at clarifying how participation in protests should factor into the state’s lawyer licensing procedure.
A working group within the State Bar has stated that moral character evaluations should take into account the individual circumstances of each applicant, with a particular focus on the nature of their involvement in protests. However, the group emphasized that the review process must be careful not to penalize applicants for engaging in protected political speech or expression, such as peaceful demonstrations.
The issue gained traction after a series of protests related to the war in Gaza in 2023, with several high-profile incidents prompting public concern. One notable example occurred in April, when pro-Palestinian students disrupted a dinner hosted by Berkeley Law Dean Erwin Chemerinsky, which raised questions about the extent to which such actions should affect applicants’ eligibility for bar admission.
Brandon Stallings, chair of the State Bar’s Board of Trustees, instructed staff in May to closely examine how campus protest involvement should be considered as part of the bar’s moral character review process. The review will assess each protester’s conduct, determining whether it aligns with the ethical standards required for California’s legal professionals.
The State Bar handles the licensing process for California’s legal professionals, who number in the tens of thousands—making it the state with the second-largest attorney population in the U.S., following New York. Each year, up to 6,000 law graduates are licensed to practice law in the state, but not before undergoing a thorough moral character evaluation, which serves as a background check to ensure applicants meet the high ethical standards expected of attorneys.
While the working group found that participation in campus protests alone should not automatically disqualify applicants from being licensed, the committee also cautioned that any violent actions or violations of the rights of others may be cause for further investigation. The memo emphasized that the moral character review process is not a mechanism for punishing past actions but a tool to assess an applicant’s current suitability for legal practice.
“Violence or conduct that infringes on others’ rights is not protected by the First Amendment and may disqualify an individual from receiving a law license,” the memo states. “We must balance the need to protect free speech with the need to ensure that those entering the legal profession uphold the highest standards of integrity.”
The California State Bar’s Committee of Bar Examiners will discuss these findings on Friday, and the guidelines are expected to provide clarity on how to address protest-related issues moving forward.
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