ABA Resolution Calls on States to Pull The Plug on In-Person Bar Exams Amid Pandemic
About half of the U.S. jurisdictions already administered in-person bar exams this week. And at least one, Colorado, has reported that a test taker later tested positive for COVID-19
July 30, 2020 at 03:16 PM
5 minute read
The American Bar Association would urge states to abandon plans for any future in-person bar exams during the COVID-19 pandemic under a last-minute resolution being proposed to the organization's House of Delegates.
In lieu of in-person exams, jurisdictions should consider alternatives including supervised practice programs, emergency diploma privileges and remote bar exams, according to the draft resolution, which was still being finalized Thursday. But states offering remote bar exams should ensure that their testing platforms are secure and reliable, and they should be up front about how the exams will be proctored and scored, and what data will be collected from applicants, it reads.
"No one should have to choose between their long-term health—or life—and a licensing examination," reads the report accompanying the draft resolution. "However, bar applicants in jurisdictions scheduled to administer an in-person bar examination are being required to do so."
The new resolution was submitted by the Virgin Islands Bar Association. The ABA's section of state and local government law and the ABA law student division are slated to vote Friday on whether to join as co-sponsors. Anthony Ciolli, who is one of the Virgin Islands' ABA delegates, said in an interview Thursday that the resolution is currently being reviewed by the committee of rules and calendar and could be modified before it comes up for debate when the House of Delegates meets virtually Aug. 3 and 4.
Even if the House of Delegates approves the resolution, it will come too late for test takers in the 23 jurisdictions that held in-person bar exams July 28 and 29. One test taker in Colorado has already tested positive for COVID-19 immediately after taking the exam. But 11 more jurisdictions still have plans to administer an in-person exam in September. A growing number of jurisdictions, including New York, California, Illinois, Ohio, Pennsylvania and Washington, D.C., have canceled their in-person tests and instead of giving an abbreviated online bar exam designed by the National Conference of Bar Examiners on Oct. 5 and 6.
Ciolli said the resolution came together quickly after Indiana and Nevada postponed their online bar exams mere days before they were to take place July 28.
"It went from idea to draft resolution in 12 hours," he said. "And then about 12 hours from then, it got submitted to rules and calendar. It has been a very quick process."
If adopted, the resolution would mark the second time that the ABA has weighed in on new lawyer licensing since the pandemic began. The organization's Board of Governors in April adopted a resolution urging jurisdictions to cancel the July bar and allow 2019 and 2020 law graduates to practice under supervision until they take and pass the bar exam in 2021.
Ciolli said that the resolution does not attempt to direct jurisdictions to any specific alternative to an in-person bar exam, and that attorney licensing entities need to think through the best solution for their individual circumstances. But an in-person exam should be off the table, he said.
"This is not a diploma privilege resolution," he said. "It's a resolution calling for state supreme courts and other licensing authorities to take common sense precautions that balance public health concerns with the needs to expeditiously license recent law graduates and other bar applicants. All this resolution does is say, 'This in-person bar exam is not safe and cannot be administered under these current conditions.' That is crystal clear."
Much of the resolution is devoted to remote bar exams and the steps jurisdictions should take to ensure they are successful. The report notes that both Indiana and Nevada postponed their online bar exams with just four days notice due to technical issues with the online exam platform. (Indiana has since abandoned that platform altogether and plans to give its Aug. 4 exam by email.) And some online test takers in Michigan ran into delays mid-exam.
Not only does the resolution urge jurisdictions to test remote exams to ensure they work properly, but it also calls on them to provide reasonable accommodations for disabled test takers, those who lack reliable Internet, and people who are caregivers for children and family members. And they should be up front and clear with test takers about how remote proctoring will work. A growing number of law graduates are publicly opposing online bar exams, citing concerns that the use of artificial intelligence in proctoring discriminates against nonwhite candidates. (Remote proctoring generally relies on computer cameras and microphones to detect potential cheating.)
"Tens of thousands of law school graduates have worked their entire lives towards the goal of becoming licensed attorneys, but have had the misfortune to graduate during the worst pandemic in a century," reads the resolution report. "Simply put, a once-in-a-century pandemic warrants a once-in-a century solution. We urge the highest courts or bar admissions authorities of each jurisdiction to take these modest but necessary steps to safeguard public health and safety without closing the doors to our shared profession."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFrom 'Confusing Labyrinth' to Speeding 'Roller Coaster': Uncertainty Reigns in Title IX as Litigators Await Second Trump Admin
6 minute readFederal Judge Weighs In on School's Discipline for 'Explicitly Copying AI-Generated Text' on Project
Trump’s DOE Pick Could Spell Trouble for Title IX Enforcement, Higher Ed Funding
4 minute read'What Is Certain Is Uncertainty': Patchwork Title IX Rules Face Expected Changes in Second Trump Administration
5 minute readTrending Stories
- 1Judicial Ethics Opinion 24-68
- 2Friday Newspaper
- 3Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 4Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 5NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250