The New York bar exam, previously rescheduled to September from July because of #COVID19, has been canceled, by order of the New York Court of Appeals, the state's highest court.

https://bit.ly/3h6d175  #barexam #appellatetwitter #COVID #coronavirus

"The Appellate Division [New York's intermediate appellate court system], in its discretion, may authorize certain law school graduates to engage in the supervised practice of law."

#barexam #appellatetwitter #lawschool

It's basically diploma privilege (recently proposed by Sen. @bradhoylman), but note that it's not limited to law schools in the state (unlike Wisconsin, the leader on this).

#barexam #appellatetwitter #lawschool #COVID #coronavirus #COVID19

Qualifications to engage in supervised practice include graduating from an ABA-approved law school, being otherwise qualified to sit for the NY #barexam, and not having previously failed any bar exam.

#appellatetwitter #lawschool #COVID #coronavirus #COVID19

I have only quickly skimmed the rule and haven't thought through all its implications, but on first glance, it seems like a sensible alternative to giving a #barexam in the middle of a pandemic.

#appellatetwitter #lawschool #COVID #coronavirus #COVID19

As several folks have pointed out, this is a temporary authorization; you have to sit for the bar exam in 2021.

(Let's hope New York will be able to safely administer the #barexam next year.)

#appellatetwitter #lawschool #COVID #coronavirus #COVID19

Some critics have pointed out that it doesn't give EVERYONE the ability to practice law in New York State without taking the bar exam - e.g., no supervision, no ability to practice.

#appellatetwitter #lawschool #COVID #coronavirus #COVID19 #barexam

That's a fair point. But I'm guessing the Court of Appeals was trying to strike a compromise between several values, including the safety of candidates and the protection of clients.

#appellatetwitter #lawschool #COVID #coronavirus #COVID19 #barexam

Now, we can -- and should -- have a debate about whether the bar exam is the best way of promoting competent and ethical legal representation, does a good job of achieving that, etc.

#appellatetwitter #lawschool #COVID #coronavirus #COVID19 #barexam

But assuming that having a bar exam makes some sense - which the Court of Appeals kinda has to do, see generally Article 15 of the New York Judiciary Law - this seems reasonable.

#appellatetwitter #lawschool #COVID #coronavirus #COVID19 #barexam

Again, these are just my initial observations; I'm open to being persuaded otherwise, hearing what other states are doing that might be better, etc.

#appellatetwitter #lawschool #COVID #coronavirus #COVID19 #barexam

Why have the bar exam? Some argue that it (1) doesn't do a good job of protecting clients, (2) drives up the cost of legal representation and contributes to the "justice gap," and (3) reduces diversity in the legal profession #barexam https://twitter.com/bellicosity81/status/1283880041173131266

Here is one recent piece for the @washingtonpost that makes the case against the bar exam.

https://wapo.st/32wrNjH 

#barexam

And here is another interesting analysis for @ATLblog by @lawprofblawg, "Kill the Bar Exam."

https://bit.ly/32wrjKp 

#barexam #lawschool

For a strong critique of the proposal of the Court of Appeals and an argument for #DiplomaPrivilegeNow, see this thread by @DenverDunn4, a 2020 graduate of @ColumbiaLaw. https://twitter.com/DenverDunn4/status/1283864980492816385

For more on diploma privilege, see this thread by Sen. @BradHoylman, who has introduced legislation providing 2020 law school graduates with diploma privilege. #barexam #DiplomaPrivilegeNow https://twitter.com/bradhoylman/status/1280261114262142977