MORE NEWS ON STATES, BAR EXAM, AND DIPLOMA PRIVILEGES

For several months now, this blog has commented on Courts and States continuing to require a traditional bar exam for admission to practice.  It has also covered the call by law deans and law students to enact Diploma Privileges.

Since our last post on this subject Oregon has adopted a Diploma Privilege and now a New York State Senator has proposed a bill which according to its “justification” allows for “a modified form of diploma privilege. “  The bill is found here.

Senator Brad Hoylman’s Sponsor Memo reads as follows:

At this point in time, it is too early to tell with certainty whether it will be safe and feasible to hold an in-person bar exam in early September. State and local restrictions on venues being open and limiting the size of in-person gatherings may preclude the administration of an in-person test. Amid the uncertainty over the test’s administration, law graduates are reporting that the already stressful bar exam preparation has been compounded by personal challenges ranging from their own health and wellbeing to financial hardship to increased caregiving responsibilities. Allowing a modified form of diploma privilege, as proposed in this bill, would give law graduates a reprieve from further delays in admittance, while retaining the Court of Appeals’ prerogative to set standards for the profession. Under this bill, as long as there is an extent state of Emergency related to COVID-19, the uniform system of examination for admission to practice law in New York will consist of the New York Law Course, the New York Law Examination, and the Multi- state Professional Responsibility Examination, all of which can be taken online.

Nothing in the bill precludes the State from moving forward with admin- istering the Multistate Bar Examination, meaning it can remain an option for New York-based law graduates who wish to practice law in a state other than New York. Passing the MBE, however, would not be a required prerequisite to admission to practice in New York for the duration of the COVID-19 State of Emergency.

According to Karen Sloan’s article on Law.com, 2020 Brooklyn Law School graduate Claire Schapira, who is involved with an advocacy group called NY 4 Diploma Privilege hopes

that the Board of Law Examiners and Court of Appeals will act on their own, because they have the power to do that,” Schapira said. “But I think that this helps push the momentum. This is not something that graduates want because we don’t want to take the bar exam. This is an issue that has a real impact across the legal community and the community more generally.”

I agree. I spent a portion of yesterday trying to problem solve with a brilliant, hardworking, ethical and professional law graduate and accepted bar examinee.  This student also excelled in clinical practice.  Like other examinees, this immune compromised student, who is normally efficient, excellent at focus and time management, and extremely organized is being distracted from bar study by 

  • trying to keep up on what is safe to do as the virus surges again
  • changing bar expectations and information across the country
  • concern about friends and family who live in other states
  • Rent issues while studying for the bar in a safe appropriate place in the Capital NY Region 
  • Figuring out when to move to a more expensive city where a more challenging living situation but good job is waiting
  • Fear that NYS will once again punt making a hard decision by delaying exam dates until October which continues unemployment for this graduate and many others.     

It is time to provide certainty and provide New York law graduates with a diploma privilege tied to other indicators of professional promise as outlined previously on this blog here and here.

 

UPDATE: 7/8/20 See also https://news.bloomberglaw.com/us-law-week/insight-clinical-education-a-safe-and-sure-pathway-to-law-licensure

Update as of 7/13/20 – 

Letter to Court of Appeals Requesting Hearing Re Bar Exam – 07.13.2020   This letter was submitted by “United Diploma Privilege NY”, to the Court of Appeals  requesting a hearing on the safe administration of the September Bar exam.  

Also this morning, the 15 New York Law deans submitted a letter to Chief Judge DiFiore advocating for graduates taking the bar exam. 

See also other relevant news here and here

 

One Response

  1. Another NYS Senate Bill is advocating for an all online exam https://www.nysenate.gov/legislation/bills/2019/s8712 but online exams in a pandemic do not solve all the problems with disparity in testing conditions and the resulting negative affects on reliability and validity.

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