Texas Bar Application Adds Questions About ‘Incivility’ and Free Speech in Wake of Stanford Law School Fracas

The state of Texas is updating its bar application process to ask applicants if they have engaged in “incivility and violations of school policies,” in the aftermath of an incident at Stanford Law School where students shouted down a federal judge, according to a letter from the Texas Supreme Court obtained by the Washington Free Beacon. This change comes after Senator Ted Cruz (R., Texas) suggested such a measure in March, following the disruptive behavior of some Stanford Law School graduates during the remarks of Firth Circuit appellate judge Kyle Duncan. The Board of Bar Examiners in Texas collaborated with Cruz and are now asking all applicants about involvement in disruptive protests.

The chief justice of the Texas Supreme Court, Nathan Hecht, argued that the character of applicants is difficult for law schools to attest to, in light of Stanford Law School’s failure to discipline the disruptive protesters. He explained that the state of Texas normally relies on law schools to report disciplinary issues and consider this in determining character and fitness for admission to the Texas bar. However, given the reaction of schools to violations of free-speech policies, the state cannot justify this reliance. Lawyers, to be admitted to the bar, must undergo a “character and fitness” check that screens for values such as honesty and civility, and if those checks become more focused on disruptive conduct, it could make law students think twice before participating in such conduct.

The implementation of the new bar questions does not advocate for any particular political stance but it is intended to examine whether applicants are capable of treating opposing parties, the court, counsel, and other members with courtesy and civility, as stipulated in the Texas Lawyer’s Creed. The new changes have been made due to the incident in Stanford University, where disruptive protesters shouted obscenities as the Federal Judge tried to deliver prepared remarks. This move by Texas state officials is part of many actions being taken against Stanford and its Legacy Law Students who were involved in the incident.

For instance, Senator Ted Cruz and Chief Justice Nathan Hecht have expressed their opinions in support of law licensing authorities leveraging their power to penalize law students who engage in conduct deemed offensive. In addition, some judges declined to hire scholars from Stanford Law School, citing concerns for free speech, which further underscores the possible consequences for disruptive conduct.