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Robert Grundstein v. Vermont Board of Bar Examiners

Paid petition · Supreme Court of Vermont, No. 2020-122 · judgment November 13, 2020


Certiorari denied · May 17, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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? 1 Insufficient 5^ and 14th Amendment Due Process for Ver­ mont 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 in­ formal 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 Im­ pose This Limitation Can Vermont limit Bar Exam seating to those who grad­ uated 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

Counsel of record

For petitioner
Robert H. Grundstein

For respondent
Benjamin Daniel Battles
Pollock Cohen LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 17 2021
    Petition DENIED.
  2. Apr 21 2021
    DISTRIBUTED for Conference of 5/13/2021.
  3. Apr 14 2021
    Waiver of right of respondent VT Bd. of Bar Examiners to respond filed.
  4. Feb 19 2021
    Petition for a writ of certiorari filed. (Response due May 10, 2021)