In prior editorials we have tried to suggest an appropriate balance between mitigating the often formidable challenges presented by the COVID-19 pandemic for recent law school graduates seeking admission to the bar, and the ultimate and unwavering requirement that only those who demonstrate basic fitness and ability for the practice of law should be allowed to do so. While we did not endorse the “diploma privilege” proposal, by which the bar exam would simply be waived for the Class of 2020 (“Even in Time of Crisis, Hold Fast to Bar Exam,” 226 N.J.L.J. 922 (Apr. 13, 2020)), we did suggest that if the bar pass rate on the somewhat experimental Remote Bar Exam was lower than recent years, the “cut score” should be temporarily adjusted, based on the assumption that the discrepancy was caused by the abnormal testing conditions rather than the dubious assumption that the Class of 2020 is an overall less able testing pool. (“Flexibility Is Needed in the Bar Admission Process,” 226 N.J.L.J. 2610 (Oct. 19, 2020).

We have another recommendation regarding the Temporary Supervised Practice program under a revised R. 1:21-3. Under the court’s current order, law school graduates temporarily permitted to practice under the supervision of an experienced attorney would lose that right upon failing the bar exam. We believe that those temporarily permitted to practice under supervision should be allowed to continue even if they fail the October Remote Bar Exam, and until they have the opportunity to sit for and learn the results of a conventional bar exam, which we all hope will be held in February 2021.

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