The Pennsylvania Bar Association Board of Governors is asking the Pennsylvania Supreme Court and Board of Law Examiners to offer a diploma privilege to certain 2020 law school graduates because of the coronavirus.

Delaying the bar exam and even planning a virtual test to control the spread of the virus have not been enough to allay concerns, according to a report and recommendations from the bar's COVID-19 task force.

The Board of Governors, acting in lieu of the House of Delegates in order to save time, approved the task force recommendations Wednesday.

"The COVID-19 pandemic rages on, with surges occurring throughout the country. By all indications, these surges will continue to occur throughout the fall of 2020," said Michael Jones and Jonathan D. Koltash of the bar's COVID-19 task force.

They noted that Pennsylvania Gov. Tom Wolf issued a new executive order, effective July 16, again restricting the number of people who may gather indoors to a maximum of 25. Also, the city of Philadelphia has restricted gatherings of more than 25 until spring 2021.

"As a result, Pennsylvania law schools and other entities that may have planned to host students for the online exam can no longer do so in a feasible manner," they said. "Not all applicants have reliable internet in their homes and not all applicants have a home situation that allows them to take a three-day exam with adequate uninterrupted concentration. Not having the ability to seek alternative locations—such as at a local law school—disadvantages students who otherwise do not have the means to take the examination at home in optimal conditions. Moreover, even those with ideal home conditions will be at the whim of a storm, accident, or equipment failure that causes a loss of power during the exam."

They also pointed out that public health officials cannot "give any reliable prediction of where Pennsylvania or the country will be in October 2020 as it relates to the pandemic."

The recommendation is to allow a diploma privilege that includes the usual bar admission requirements—except for taking and passing the bar exam. New lawyers would still have to satisfy the character and fitness requirements and other proposed criteria such as completion of the Pennsylvania Bridge the Gap course before admission.

But the move would provide some certainty to the recent law school graduates "who are trying to enter the profession at the most uncertain time in the history of the bar exam," Jones and Koltash said. "It cannot be denied that these are extraordinary times. As recently as February 2020, third-year law students believed they were going to graduate and enter one of the strongest job markets in a decade. Instead, through no fault of their own, they now face perilous conditions. Those unable or unwilling to meet the standards for diploma privilege may still take the October 2020 online exam (or wait for a later exam, whether in person or online)."