Utah Supreme Court Issues Final Order Letting Grads Of Law Schools With Average 86+% Bar Pass Rate Skip Utah Bar Exam Due To COVID-19

Following up on my earlier posts:

• Utah To Let Grads Skip Bar Exam Due To COVID-19, But Only From Schools With 86%+ Bar Pass Rate; Grads Of Just 4 Of California's 21 Law Schools Would Qualify (Apr. 11, 2020)
• Bar Exam Federalism During The COVID-19 Pandemic (Apr. 14, 2020)
• More Law Prof Commentary On Utah's Bar Diploma Privilege Proposal (Apr. 20, 2020)

Utah Supreme Court, Order For Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (Apr. 21, 2020):

Based upon the Utah Supreme Court’s constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19), the Utah Supreme Court orders that the Bar Examination passage requirement be modified on an emergency basis for certain eligible Qualified Candidates as defined herein.

I. Definitions
a. Unless otherwise defined in this Order, all terms defined in Rule 14-701 of the Supreme Court Rules of Professional Practice are hereby incorporated into this Order.
b. “Qualified Candidate” means a person who:
1. Is either:
A. A law school graduate who:
i. Has graduated by June 30, 2020 with a First Professional Degree in law from an ABA-approved law school that had an overall first-time taker bar examination passage rate in 2019 of 86% (rounded to the nearest whole number) or greater; and
ii. Has not, as of the date of this Order, previously sat for any bar examination in any state or territory in the United States and will not be taking the bar examination in any state or territory in the United States in July 2020; or

B. An attorney admitted by bar examination to another jurisdiction and meets all requirements of Rule 14-704(a) except for passing the Utah Bar Examination; and
2. Submitted an application for the Utah Bar Examination on or before April 1, 2020, in accordance with the information and instructions on the admissions website, including all fees and necessary application forms, along with any required supporting documentation, character references, and a photo. Late or incomplete applications will not be accepted.
c. “Supervised Practice” means the 360 hours of supervised legal practice that a Qualified Candidate must complete under the supervision of a Supervising Attorney in accordance with and under section III of this Order.
d. “Supervising Attorney” means a person (or persons) who supervises the Qualified Candidate in accordance with and under section III of this Order and is either:
1. An attorney who has:
A. An active Utah Bar license,
B. A minimum of 5 years as a licensed attorney in any U.S. state or territory,
C. A minimum of 2 years as a licensed attorney in the State of Utah, and
D. No record of public discipline in any jurisdiction in the United States; or
2. A state court or federal court judge.

Update: 

• ABA Journal, Utah Is First State to Grant Diploma Privilege During Novel Coronavirus Pandemic
• Karen Sloan (Law.com), Utah Becomes First State to Let Law Grads Skip Bar Exam Amid COVID-19

TaxProf Blog coverage of the July 2020 bar exam:

• The Bar Exam And The COVID-19 Pandemic: The Need For Immediate Action (Mar. 14, 2020)
• NCBE To Decide By May 5 Whether It Will Provide MBE For July Bar Examinations (Mar. 27, 2020)
• New York Postpones July Bar Exam To Fall; Students Demand Emergency Diploma Privilege To Practice Law (Mar. 28, 2020)
• Massachusetts Joins New York In Postponing July Bar Exam (Mar. 30, 2020)
• Connecticut Is Third State To Postpone July Bar Exam (Mar. 31, 2020)
• Hawaii Is Fourth State To Postpone July Bar Exam (Apr. 2, 2020)
• New Jersey Is Fifth State To Postpone July Bar Exam, First To Offer 2020 Law Grads Temporary License To Practice (Apr. 7, 2020)
• July Bar Exam Update: ABA, Arizona, California, Florida, Tennessee, Vermont (Apr. 8, 2020)
• Indiana Allows 2020 Law Grads To Serve As Graduate Legal Interns And Take February 2021 Bar Exam (Apr. 9, 2020)
• Utah To Let Grads Skip Bar Exam Due To COVID-19, But Only From Schools With 86%+ Bar Pass Rate; Grads Of Just 4 Of California's 21 Law Schools Would Qualify (Apr. 11, 2020)
• Licensing Lawyers In A Pandemic: Proving Competence (Apr. 12, 2020)
• Even In Time Of Crisis, Hold Fast To Bar Exam (Apr. 13, 2020)
• Bar Exam Federalism During The COVID-19 Pandemic (Apr. 14, 2020)
• State Bar Tells California Supreme Court: Delay Or Cancel July Bar Exam (Apr. 15, 2020)
• July Bar Exam Update: Maine, Rhode Island (Apr. 16, 2020)
• Letter From California State Bar To California Supreme Court On July Bar Exam (Apr. 17, 2020)
• July Bar Exam Update: Georgia, Tennessee, Virgin Islands (Apr. 18, 2020)
• Letter From California Deans To California Supreme Court On July Bar Exam (Apr. 18, 2020)
• More Law Prof Commentary On Utah's Bar Diploma Privilege Proposal (Apr. 20, 2020)
• NCBE Opposes States Granting Diploma Privileges To 2020 Law Grads Due To COVID-19 (Apr. 20, 2020)
• Horwitz: Law Graduates' Needs, Client Needs, And The Bar Exam (Apr. 20, 2020)
• WSJ: Law Students In ‘No Man’s Land’ As Coronavirus Delays Bar Exams (Apr. 20, 2020)

For complete TaxProf Blog coverage of the coronavirus, see here.