In re Henry

Jacob Henry (petitioner) was in his second year of law school in March 2009 when he spoke to a mental-health counselor about symptoms of overstimulation, anxiety, and hallucinations. Given a diagnosis of bipolar II disorder, Henry began taking medication to treat his mood instability and depression. Without consulting his care provider, Henry soon stopped taking the medication. Henry told his counselor that the medication was unaffordable, but he later told the Board of Law Examiners that he stopped the medication because of its side effects. Henry discontinued counseling because, he said, he had no symptoms of illness. Henry later applied to the Iowa bar, which required him to take a psychological assessment. The assessment found that Henry had anxiety but no psychological disorders and his bipolar II disorder was in full remission. The Iowa bar concluded that Henry’s diagnosis did not affect his ability to practice law and approved his application. Henry then applied to the South Dakota bar. While Henry’s application was pending, he sought a follow-up evaluation of his bipolar II disorder because of depression and hypomania. The psychiatrist recommended medication, counseling, and a follow-up appointment but concluded that Henry probably did not have bipolar II disorder. Henry did not comply with the psychiatrist’s recommendation, explaining that he had no psychological disorder and thus no need for treatment. The South Dakota Board of Law Examiners denied Henry’s application in part because of his omission of parts of his mental-health records, his decision to disregard his doctors’ recommendations, and the board’s concern for the effects Henry’s mental health was having on his life. Henry argued to the South Dakota Supreme Court that the Americans with Disabilities Act (ADA) prohibited the board from inquiring into his mental health.