New York is moving forward with an online bar exam this fall, a week after it canceled the September test with no alternative.

The New York Court of Appeals on Thursday announced it would administer the state bar exam remotely on October 5 and 6 as a one-time, emergency option. The news comes after the jurisdiction canceled its in-person exam, which was rescheduled from late July for September 9 and 10, citing the impracticality of holding it during a global pandemic.

In scheduling the online exam, the court said that a court-appointed working group considered multiple alternatives to licensure, including an emergency diploma privilege that has been championed by examinees in recent weeks and postponing the examination until February 2021. However, even after acknowledging the shortcomings of a remote exam, the working group deemed it to be the best alternative, the court said.

"The working group rejected a temporary diploma privilege option, noting that the bar exam provides critical assurance to the public that admitted attorneys meet minimum competency requirements, emphasizing New York's immense candidate pool as well as the degree of variation in legal curricula across the country," the court said in its announcement.

A growing number of jurisdictions during the past month have canceled their in-person July or September bar exams in favor of an abbreviated online version in October that's being prepared by the National Conference of Bar Examiners. They include California, Illinois, Pennsylvania, Ohio, Massachusetts, New Jersey, Connecticut, Maryland, Washington D.C., Vermont, New Hampshire, Kentucky and Tennessee. Several more jurisdictions are giving examinees the option to take the online October test, including Texas, Arizona, and Oregon.

For the online exam, the New York court said the working group consulted with technology, security and psychometric experts and "discussed proactive measures to ensure broad access, mitigate security risks and establish a reliable grading methodology."

The working group recommended that the court look into offering reciprocity to other jurisdictions administering the online bar exam. Many other jurisdictions, including New Jersey and Washington D.C., have entered into reciprocity agreements.

Everyone registered for the September exam will be automatically registered for the remote October exam, the court said, and waiver-request consideration will be given to JD candidates who graduated in 2019 or later; previously took the exam in New York and failed no more than twice; and who wish to sit for the online examination.

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New York Cancels September Bar Exam Without Alternative Test in Place