#NCBarExam Thread:
As 750+ applicants make their final preparations to start the NC Bar Exam tomorrow, I wish them good luck.
That said, it's important to reflect on why we are still going forward with a high-risk event.
@DBRodriguez5 @BarExamTracker @IAALS @kleee
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As 750+ applicants make their final preparations to start the NC Bar Exam tomorrow, I wish them good luck.
That said, it's important to reflect on why we are still going forward with a high-risk event.
@DBRodriguez5 @BarExamTracker @IAALS @kleee
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Over three months ago, the ABA Board of Governors approved a policy resolution, urging licensing authorities to immediately adopt emergency rules in response to the risks created by an in-person exam during a pandemic.
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americanbar.org/news/abanews/a…
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americanbar.org/news/abanews/a…
.@philbergerjr wrote a letter to the NCGA, which identified several plans used by other jdxs to mitigate the risks of a 750+ applicant gathering. Even after the bar exam tomorrow and Wednesday, these are critical issues that the NCGA should examine.
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1⃣ Oversight: The NCBLE is not subject to active supervision, and any oversight has failed.
In the middle of a pandemic, the NCBLE did not contact NCDHHS until June 30.
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In the middle of a pandemic, the NCBLE did not contact NCDHHS until June 30.
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The NCBLE is relying on exceptions created by the Governor's Executive Orders. Although the NCBLE has removed details from their website, they expressly relied on Executive Order 141, Sec. 7, subsection A2.
My firm wrote a letter to the Governor, urging him to intervene.
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My firm wrote a letter to the Governor, urging him to intervene.
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During his July 21 press conference, the Governor acknowledged that he was "concerned" about tomorrow's bar exam, but deferred to the NCBLE.
The NCBLE, however, is deferring to the Governor. #hotpotato
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The NCBLE, however, is deferring to the Governor. #hotpotato
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Our Chief Justice expressed her concern about the bar exam and authority to address the issue immediately.
To be fair, admissions standards are legislative under NC law, and her position is based on a fair reading of applicable statutes.
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To be fair, admissions standards are legislative under NC law, and her position is based on a fair reading of applicable statutes.
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2⃣ Statutory authorities: Study and clarification are necessary.
Like other questions of oversight, I wrote a letter requesting an emergency rule amendment from our State Bar's Council at Large.
This was primarily based on broad authority to amend rules under NCGS 84-21(b).
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Like other questions of oversight, I wrote a letter requesting an emergency rule amendment from our State Bar's Council at Large.
This was primarily based on broad authority to amend rules under NCGS 84-21(b).
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The State Bar Council has adopted emergency rule amendments in response to states of emergency in the past.
I appreciate that they considered our applicants' situation; however, they determined that they lack the authority to amend the rules governing admissions standards.
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I appreciate that they considered our applicants' situation; however, they determined that they lack the authority to amend the rules governing admissions standards.
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3⃣ Alternate paths to practice:
Many jdxs allow graduates to engage in forms of legal practice without sitting for the bar. This ranges from supervised practice to diploma privilege.
This may be worth revisiting, depending on how bar exam admin. goes tomorrow/Weds.
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Many jdxs allow graduates to engage in forms of legal practice without sitting for the bar. This ranges from supervised practice to diploma privilege.
This may be worth revisiting, depending on how bar exam admin. goes tomorrow/Weds.
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4⃣ Efficacy of the bar exam and other considerations:
Some form of professional gatekeeping is justifiable. Maybe even desirable. However, I question why "integrity of the test"--especially, this test--was the principle that trumped applicant and public health.
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Some form of professional gatekeeping is justifiable. Maybe even desirable. However, I question why "integrity of the test"--especially, this test--was the principle that trumped applicant and public health.
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Grossly reductive, but the bar exam in format/substance does not represent the practice of law. However, first-time test takers from ABA-accredited law schools overwhelmingly passed the UBE, and approximately 90% pass within 2 years of graduation.
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abarequireddisclosures.org/BarPassageOutc…
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abarequireddisclosures.org/BarPassageOutc…
Attorney misconduct is another line that I've heard in defense of the bar exam. However, NC State Bar data shows that most misconduct is related to the business of law.
This is consistent with Wisconsin (a diploma privilege state) and other jdxs.
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ncbar.gov/lawyer-discipl…
This is consistent with Wisconsin (a diploma privilege state) and other jdxs.
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ncbar.gov/lawyer-discipl…
Plenty more systemic pros/cons. Think about how to present information to the NCGA effectively. For those advocating for change, start pulling together information and reports to equip our legislators.
They have been listening, but they are not in session.
#makelawbetter
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They have been listening, but they are not in session.
#makelawbetter
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