Bar Admission Denied to Applicant Who Refuses Constitutional Oath

A New York State Bar Exam applicant who refused to take an oath to support the U.S. Constitution and the New York Constitution has failed to demonstrate that she has the character and fitness to become an attorney, according to a New York Appeals Court.

The applicant was a 30-year-old Nevada resident who graduated from law school in 2018 and passed the July 2022 New York Bar Exam. She was not identified by name in the per curiam order.
The woman “has made plain that she cannot unequivocally take and subscribe to an oath or affirmation that she will support” the state and federal constitutions, said the Appeals Court.
A member of the Appeals Court’s Character and Fitness Committee had referred the matter for a formal hearing after an interview and an investigation. The applicant waived her right to a hearing.
The applicant has the burden of demonstrating that she has the character and fitness for admission, and she has not met the burden, the Appeals Court said.
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