Paul L. Caron

Wednesday, September 5, 2018

Court: Sleep Apnea Does Not Excuse Florida Coastal Law Graduate's Dishonesty On Bar Application

ABA Journal, Law Grad With Sleep Apnea Isn't Entitled to Accommodation in Bar Admission Process, Court Says:

The Georgia Supreme Court has upheld a decision to deny bar admission to a Florida Coastal law grad who contended his sleep apnea should have been accommodated as a disability during the application process.

In an Aug. 27 decision, the court refused to consider how the cognitive effects of the medical condition affected John Anthony Montesanti’s statements during the application process. The Legal Profession Blog noted the decision.

Montesanti had graduated from law school in 2015 at the age of 67. ... Montesanti maintained his untreated sleep apnea during the application process should have been accommodated as a disability. He introduced the affidavit of a physician who said sleep apnea can cause inattention and cognitive deficits and can increase the likelihood of errors. Montesanti’s sleep apnea is now treated with a continuous positive airway pressure machine.

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