Key points
- Under Judiciary Law section 90, the Appellate Division admits a candidate only if it is satisfied the person has the character and general fitness required of an attorney.
- New York removed the mental health question from its bar application in an announcement dated February 26, 2020.
- The questionnaire posted in October 2026 (form 04/2023) states that past or present treatment for a condition or impairment is viewed favorably, and that applicants who may benefit from treatment are encouraged to seek it.
- Questions 12 and 33 to 36 cover school discipline, raising a condition as a defense or explanation, conduct with consequences, conduct that could call fitness into question, and current illegal drug use.
- All papers on an application for admission are sealed and deemed private and confidential under Judiciary Law section 90(10).
- As of October 2026, bar exam accommodation requests for the February 2027 exam must be received by October 31, 2026.
Law students with ADHD tend to worry about two moments: the exam and the character and fitness review that follows it. They are run by different offices, under different rules. This article walks through the character and fitness side, as described in the official forms and statutes posted in October 2026, and shows where ADHD can and cannot come up. It is general information, not legal advice. A lawyer who handles bar admission matters can review a specific history with you.
A shorter overview of what the bar form, the New York physician license form and the federal clearance form each ask is in does an ADHD diagnosis affect a professional license. This page goes deeper on the bar process itself.
Who decides, and in what order
- The exam. The State Board of Law Examiners runs the exam. After you pass, it issues a Notice of Certification that assigns you to one of the four Appellate Division departments, based on your residence address. Non-residents are certified to the Third Department unless they work full time in New York.
- The application. You file the Application for Admission with the department you were certified to. The Board of Law Examiners says it cannot answer questions about that application, which go to the Appellate Division. The complete application has to be filed within three years of the second day of the exam, and the Board's page notes the requirement of 50 hours of pro bono service before applying.
- The review. The department's Committee on Character and Fitness investigates. The questionnaire states that the burden of proving the requisite character and fitness is on the applicant, and that further records will be requested if they are deemed necessary after the application is reviewed.
- Admission. Judiciary Law section 90(1)(a) says the Appellate Division admits a certified candidate "if it shall be satisfied that such person possesses the character and general fitness requisite for an attorney and counsellor-at-law."
The application is described as continuing. You agree to submit further information requested, or made necessary by any change in your situation, up to the day you are sworn in.
What changed in 2020 and since
On February 26, 2020, the New York State Bar Association announced that the court system had approved removing the mental health question from the bar application. The Chief Judge said the amended application would no longer ask intrusive questions about a candidate's mental health conditions or treatment history.
A New York State Bar Association article from July 2026 describes the wider trend: a shift from medical history toward conduct. It reports that the National Conference of Bar Examiners dropped the mental health disclosure question from its sample application in April 2026, and that the Department of Justice concluded in 2014 that Louisiana's mental health questions, among other practices, violated Title II of the Americans with Disabilities Act. The same article notes that New York later reinstated question 34(f); in the current questionnaire, 34(f) asks about involuntary hospitalization by court order.
The questions where ADHD could matter
The questionnaire posted in October 2026 (form dated 04/2023) has no question asking whether you have ADHD, see a psychiatrist or take medication. Its section on fitness says that while an applicant may be denied admission when the ability to function is impaired in a way relevant to practicing law, "past or present treatment for a condition or impairment is viewed favorably" by the Appellate Division and its committees. The questions that remain are about conduct:
| Question | What it asks | When an ADHD history might touch it |
|---|---|---|
| 12 | Whether a school above elementary level ever placed you on probation, dropped, suspended, expelled or disciplined you for conduct which might reflect on your character | A disciplinary matter in college or law school, such as an academic integrity case. Whether purely academic probation counts is a question to put to the committee or a lawyer. |
| 33 | Within seven years, whether you asserted any condition or impairment as a defense, in mitigation or as an explanation for conduct in an inquiry or proceeding, including a school or employment disciplinary process | If you told a dean or employer that ADHD explained the conduct under review |
| 34 | Within seven years, conduct that led to arrest, discipline, termination, loss of a license, an investigation, endangering others, a breach of workplace or academic conduct rules, or involuntary hospitalization by court order | Only if the conduct itself happened. A diagnosis is not conduct. |
| 35 | Within seven years, any conduct, including conduct resulting from a condition or impairment, that could call into question your ability to practice law competently, ethically and professionally | A judgment call about specific behavior, not about a diagnosis |
| 36 | Whether you are currently using any illegal drugs | On a plain reading, taking your own prescribed medication as directed is not illegal drug use. Taking someone else's stimulant is a different matter. |
The reading in the last column is this guide's interpretation of the wording, not text from the form. No question on the questionnaire asks whether you received testing accommodations.
Records and confidentiality
Two parts of the process point in opposite directions, and both are worth knowing:
- The release is broad. When you sign, you authorize the Appellate Division and its committees to investigate and release them from liability for that investigation, including "the inspection of documents, records, and other information related to my treatment for any mental health, drug, alcohol or other substance related condition." In practice this matters when a conduct issue is already in the file.
- The file is sealed. Judiciary Law section 90(10) provides that all papers, records and documents on an application for admission "shall be sealed and be deemed private and confidential." The questionnaire repeats that the information disclosed is treated confidentially.
For how treatment records are protected outside the bar process, see who can see your ADHD diagnosis and prescriptions in New York.
Exam accommodations are a separate track
Asking for extra time on the bar exam does not run through the character and fitness committee. It is a separate application to the Board of Law Examiners under its Test Accommodations Handbook. Applications for the February 23-24, 2027 exam must be received, not postmarked, by October 31, 2026, and for the July 27-28, 2027 exam by March 31, 2027. The handbook asks for documentation no more than five years old and states that "a diagnosis is not enough to establish a disability under the ADA."
The ethics exam New York requires, the MPRE, has its own process at the National Conference of Bar Examiners: candidates must apply for accommodations and receive a decision before registering, and accommodations cannot be added to an existing appointment. Every exam's rules are compared in ADHD accommodations on the New York bar exam and other licensing exams, and what an evaluation report needs to contain is in what an ADHD evaluation report needs.
Practical steps for applicants with ADHD
- Answer each question as worded. Read the seven-year windows carefully. Do not volunteer a diagnosis no question asks for, and do not minimize conduct that a question does cover. A false answer is a fitness problem of its own.
- Think back to school records. Law schools complete a certificate that goes directly to the Appellate Division, so a disciplinary matter you raised ADHD to explain is likely to surface anyway. Disclose it where Questions 12 or 33 call for it, with context.
- Keep medication lawful. Fill your own prescription and never share it. New York's rules on that are in sharing or selling ADHD medication.
- Treat care as a positive, not a risk. The form's own wording encourages applicants who may benefit from treatment to seek it.
- Use confidential help if something is wrong. The New York State Bar Association Lawyer Assistance Program serves lawyers, judges and law students and describes its support as free and confidential. Judiciary Law section 499 makes communications with a bar association lawyer assistance committee privileged on the same basis as attorney and client.
Where an evaluation fits
Some applicants first seek an evaluation during law school or while preparing for the exam. Dr. John C. Shershow is a psychiatrist who focuses on adult ADHD. His evaluation covers current symptoms, school and work history, health and other explanations, and ends with what it found and the treatment options that fit. A report suitable for an accommodations request depends on what the evaluation finds and is never guaranteed. The ADHD evaluation for accommodations in NYC page explains that process, and broader concerns about professional careers are covered in ADHD care for lawyers, physicians and other licensed professionals. To begin, see the adult ADHD evaluation page or call the office.
Questions
Will the character and fitness committee find out I have ADHD?
Not from the questionnaire itself, which has no diagnosis or treatment question in the version posted in October 2026. It can come up if you raised ADHD to explain conduct in a proceeding (Question 33) or if a conduct issue leads the committee to request records under the release you sign.
Is taking a prescribed stimulant a problem under the illegal drug question?
Question 36 asks whether you are currently using any illegal drugs. On a plain reading, taking your own medication as prescribed is not illegal drug use, while taking someone else's is. That reading is an interpretation, so take any doubt to a lawyer.
Does getting bar exam accommodations show up in my character and fitness file?
No question on the questionnaire asks about testing accommodations. Accommodations are handled by the Board of Law Examiners under a separate handbook, while the character review belongs to the Appellate Division. How the two offices share information was not confirmed for this guide.
I had academic trouble in law school because of untreated ADHD. Do I have to report it?
Question 12 asks about probation, suspension or other discipline for conduct which might reflect on your character, and Question 33 asks whether you raised a condition to explain conduct in a school proceeding. Whether a purely grade-based probation is covered is not settled by the form's wording, so ask the committee or a bar admission lawyer.
Is the Lawyer Assistance Program confidential for law students?
The New York State Bar Association says its program serves law students as well as lawyers and judges, and that its services are free and confidential. Judiciary Law section 499 makes communications with a bar association lawyer assistance committee privileged like attorney and client communications.
Which Appellate Division department reviews my application?
The one the Board of Law Examiners certifies you to, based on your residence address. Non-residents go to the Third Department unless they are employed full time in New York.
Sources
- New York State Board of Law Examiners: Application for Admission Questionnaire (form 04/2023)
- New York State Board of Law Examiners: Admission to practice (certification, Appellate Division contacts, filing deadline)
- NYS Senate: Judiciary Law section 90, admission to and removal from practice
- NYS Senate: Judiciary Law section 499, lawyer assistance committees
- New York State Bar Association: Mental health question removed from NY bar application (February 26, 2020)
- New York State Bar Association: The Mental Health Question, Focus Shifts to Conduct on Character and Fitness Review (July 8, 2026)
- New York State Board of Law Examiners: Test Accommodations Handbook (revised March 2025)
- New York State Board of Law Examiners: Bar exam dates and deadlines
- National Conference of Bar Examiners: MPRE test accommodations
- New York State Bar Association: Lawyer Assistance Program
