State lawmakers and recent law graduates are ratcheting up the pressure on the New York Court of Appeals to adopt an emergency diploma privilege that would allow examinees to skip the bar exam.

On Monday, United For Diploma Privilege New York—one of more than a dozen groups advocating for diploma privileges in jurisdictions across the United States—wrote to Chief Judge Janet DiFiore requesting a Zoom hearing where examinees can share comments on the court's plans to hold an in-person bar exam Sept. 9 and 10. The letter has more than 1,500 signatories, most of whom are slated to take the test.

Separately, 11 state lawmakers wrote to the court last week, urging it to either switch to an online bar exam format or offer an emergency diploma privilege. State Sen. Brad Hoylman and State Assemblywoman Jo Anne Simon have also introduced bills in their respective legislative chambers that would establish a temporary diploma privilege that would expire once the COVID-19 pandemic ended. But the letter from the assembly members asks the court to take action independently of the proposed legislation.

"As many of our colleagues know from their personal experience sitting for the bar, these conditions are already stressful enough, and it will be even more intensified with the fear and great danger the pandemic poses," reads the letter signed by the members of the New York Assembly, including Simon. "Packing thousands of test takers into a room creates a petri dish for increased transmission, creating a public health risk."

The letter adds that there is no way to guarantee that the many examinees traveling from out of state for the test will abide by New York's two-week quarantine requirement. At that moment, that mandatory quarantine covers 19 states, including California, Florida and Texas.

Court of Appeals spokesman Lucian Chalfan said Monday that the court has received both letters and is reviewing them. The court rejected earlier calls for an emergency diploma privilege and in April adopted a supervised practice program whereby law graduates can work under the supervision of a licensed attorney until they can sit for the bar exam.

The letter from United for Diploma Privilege New York seeks a Zoom hearing in which test takers can share the challenges they face in preparing for an in-person bar exam in September with the court, as well as the ability to submit written comment on the matter. California's Supreme Court and its state bar held a similar online hearing July 7, where many examinees pleaded for a diploma privilege. (California is also slated to hold its bar exam Sept. 9 and 10.) Utah, Oregon and Washington have adopted emergency diploma privileges in response to the pandemic, and Minnesota's high court has collected public comments on the matter.

"A letter cannot capture the number or severity of the challenges that COVID-19 has placed in our collective path to licensure," it reads. "As candidates eager to serve the people of New York, we ask that you give us the opportunity to tell you about the challenges ourselves. We hope to arrive at an outcome that allows us to join the New York legal profession in a safe and timely manner, so that we may provide outstanding service to our communities and promote a more just society."

Unclear communication from the New York Board of Law Examiners has exacerbated the problems for some examinees, the letter states. The board encouraged out-of-state test takers to sign up for the exam in other jurisdictions that, like New York, use the Uniform Bar Exam. New York has limited space for test takers this cycle, and the idea was for those who sit for the exam in other uniform jurisdictions to transfer their scores for admission in New York. However, in recent weeks a number of uniform jurisdictions, including Washington, D.C., and Maryland, have canceled their plans for an in-person September exam and are now offering abbreviated online tests in October. Scores earned online cannot be transferred to New York for admission, leaving test takers who planned to transfer scores to New York in a conundrum.

Rebecka Levitt, who graduated from Elisabeth Haub School of Law at Pace University in May and who helped organize the graduates' letter, said it has been difficult to study for the September bar exam with so many unknowns looming. She's a 41-year-old single mother who lives in close proximity to elderly neighbors. In addition to worrying about potentially exposing others to COVID-19 if she has to take the bar exam in person, she's worried that exam officials will pull the plug on the September test with little notice and force everyone to wait until February for the next administration. Such a delay would be financially ruinous, she said. An online exam presents its own challenges, she added, including the ability of some test takers to find a quiet place to sit for the exam and the likelihood that technology problems will disrupt the two-day exam.

"We want to be able to talk to the court about the different alternatives and why they do or do not work out, and how people will be affected by it," Levitt said. "With the passion and intelligence behind this, I feel like we have a good chance."