Sunday, June 14, 2020
California Deans Urge Supreme Court To Not Leave Class Of 2020 Law Grads In Bar Exam Limbo
Following up on Friday's post, California Bar Exam: July September October Online?:
Letter From California Deans To California Supreme Court (June 14, 2020):
[W]e are writing to express concern and disappointment in the manner in which planning for the summer 2020 bar exam has proceeded. We urge the Court to take concrete actions bearing the needs of the Class of 2020 graduates in mind.
We understand, of course, that circumstances surrounding the COVID-19 pandemic have unsettled many settled expectations. We are all dealing with the considerable uncertainties for the fall, including the extent to which groups can gather in enclosed spaces, obviously relevant to the feasibility of an in-person administration of the bar exam. This is a time, however, when there is great need for clarity and transparency. The manner in which planning for the 2020 summer exam has proceeded thus far has not met this need.
The failure to have a concrete plan for the summer 2020 bar exam has created considerable anguish among our recent graduates. They have already suffered as a consequence of the pandemic, being required to pivot to distance education, not having the opportunity to celebrate their accomplishments in law school with their peers, and not being able to attend graduation exercises with their family and friends. They have now begun studying for an exam that may take place in September, or possibly in October, or even might be postponed still later. It is exceedingly difficult for them to plan their bar studies under these conditions. And the substantial uncertainty may also adversely impact the Class of 2020 graduates’ ability to financially support themselves through the exam-taking process, as well their ability to prepare adequately and effectively for the exam itself.
We do fully recognize the challenges of settling on an appropriate timing and method for a fall administration of the exam. It is possible and perhaps quite likely that in September in many parts of the state, no groups larger than 40 will be permitted to be in the same enclosed space, even with physical distancing. At the same time, as of now, only California and D.C. have expressed interest in making use of the October date and NCBE’s potential online materials. There are extremely challenging aspects to remote proctoring and delivery, which it is not clear to us that the Bar or Examsoft have adequate preparation for or vetting to resolve. There are also serious equity concerns with an online administration, given what is required in terms of private workspace, stable internet connection, etc.
Fundamentally, we believe that more attention should be focused on the needs of a cohort— future leaders of the profession—who want and deserve more solid ground, notwithstanding the challenges we describe above.
We therefore respectfully ask the Court to consider the following:
- First and foremost, we request that the Court meet with a representative group of ABA law school deans as soon as practicable to discuss the path forward for the summer 2020 bar exam. This meeting would permit the Court to hear from deans regarding the practical impacts associated with the options for administering a bar exam this fall. Stakeholder involvement is key to any proposal issued by the Court, both to enhance legitimacy and to ensure that the decision is based on complete and accurate information about the likely consequences of the decision.
- Second, whether the Court agrees to meet or not, we ask for a prompt decision on bar administration, so our graduates can plan. We have seen in the CBX workplan a July 6th date for a ‘go/no go’ decision on an online bar. Please understand how painful it is for our students to live in this ongoing state of limbo. The uncertainty itself is corrosive and is undermining our graduates’ ability to manage their lives during these extremely challenging times. This is particularly so for those students facing health, social, family and economic obstacles, challenges that disproportionately impact candidates of color and those without the financial resources to meet the demands of this situation.
- Third, alongside the Court’s plan for a 2020 exam administration, we urge the Court to consider alternative pathways to licensure. In particular, we previously called upon the Court to consider provisional licenses, with supervision and possibly other requirements for admission being met.
- Finally, assuming that some fall administration of a California bar exam indeed takes place, we urge that steps be taken to ensure prompt grading of the exams. Traditionally, students receive bar results a week or two before Thanksgiving, the latest bar results date in the country. Although we understand that this timing is unlikely with a later administration of the bar, delaying grading could preclude those who do not pass from taking the February bar. Delayed reporting of results also harms the ability of many graduates to start law practice, often with serious financial consequences.
This is an extremely challenging moment and we do recognize that there is not a straightforward path forward or an easy answer. Thank you for considering our views, and we hope that you will be willing to schedule a time to discuss these important issues in further detail soon.
Paul L. Caron
Duane and Kelly Roberts Dean and Professor of Law
Pepperdine University Rick J. Caruso School of Law
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
University of California, Berkeley School of Law
Eric Christiansen
Interim Dean and Professor of Law
Golden Gate University, School of Law
Michael T. Colatrella Jr.
Interim Dean & Professor of Law
University of the Pacific, McGeorge School of Law
Allen Easley
Dean & Professor of Law
Western State College of Law
David L. Faigman
Chancellor & Dean & John F. Digardi Professor of Law
University of California Hastings College of the Law
Stephen C. Ferruolo
Dean and Professor of Law
University of San Diego School of Law
Susan Freiwald
Dean and Professor of Law
University of San Francisco School of Law
Andrew T. Guzman
Dean and Carl Mason Franklin Chair in Law, & Professor of Law and Political Science
University of Southern California, Gould School of Law
Anna M. Han
Interim Dean and Professor of Law
Santa Clara University, School of Law
Rudolph C. Hasl
Interim Dean
Whittier School of Law
Kevin R. Johnson
Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies
University of California, Davis School of Law
Jenny S. Martinez
Richard E. Lang Professor of Law & Dean
Stanford University, School of School
Jennifer L. Mnookin
Dean and David G. Price & Dallas P. Price Professor of Law
University of California, Los Angeles School of Law
Matt Parlow
Dean and Donald P. Kennedy Chair in Law
Chapman University Dale E. Fowler School of Law
Susan Westerberg Prager
Dean and Professor of Law
Southwestern Law School
L. Song Richardson
Dean and Chancellor’s Professor of Law
University of California, Irvine School of Law
Niels Schaumann
President and Dean
California Western School of Law
Michael Waterstone
Fritz B. Burns Dean and Professor of Law
Loyola Law School, Loyola Marymount University
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)
- 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 (Apr. 22, 2020)
- Courts Should Look To Three Bar Exam Alternatives During Crisis (Apr. 24, 2020)
- July 2020 Bar Exam Status By Jurisdiction (Apr. 26, 2020)
- California Supreme Court Orders July Bar Exam Delayed To Sept. 9-10, Administered Online (Apr. 28, 2020)
- Texas Moves Forward With July Bar Exam, Adds September Option And Expands Practice With Supervision Program (Apr. 30, 2020)
- New York Will Give Priority To Graduates From New York's 15 Law Schools For Limited Spots To Take September Bar Exam (May 1, 2020)
- Deans Ask New York To Not Discriminate Against Graduates Of Out-Of-State Law Schools In Sitting For September Bar Exam (May 3, 2020)
- July 2020 Bar Exam Status By Jurisdiction (May 3, 2020)
- July Bar Exam Update: Illinois, Iowa, Maryland, Missouri (May 4, 2020)
- Dean Amar: New York's Discrimination Against Graduates Of Out-Of-State Law Schools Is Unconstitutional — 'Whether It’s Toilet Paper Or Bar Exam Seats, Hoarding Is Wrong' (May 4, 2020)
- July Bar Exam Update: DC, Maine, Massachusetts (May 5, 2020)
- CLEA Statement On The July 2020 Bar Examination (May 6, 2020)
- 54 More Deans Ask New York To Not Discriminate Against Graduates Of Out-Of-State Law Schools In Sitting For September Bar Exam (May 7, 2020)
- New York Should Replace Discriminatory Bar Exam Plan With Emergency Licensure Open To All Law School Graduates (May 7, 2020)
- Florida To Proceed With July Bar Exam With Temperature Checks, Social Distancing, Masks, And 14-Day Quarantines For Out-Of-State Applicants (May 8, 2020)
- July Bar Exam Update: Alabama, Indiana, Louisiana, Nebraska, Nevada, North Carolina, South Dakota (May 10, 2020)
- July 2020 Bar Exam Status By Jurisdiction (May 10, 2020)
- 57 Deans Ask Massachusetts To Not Discriminate Against Graduates Of Out-Of-State Law Schools In Sitting For September Bar Exam (May 11, 2020)
- July Bar Exam Update: Colorado, Delaware, Kansas, Kentucky, Ohio, Tennessee, Washington (May 15, 2020)
- July 2020 Bar Exam Status By Jurisdiction (May 17, 2020)
- July Bar Exam Update: Michigan, Minnesota, Nevada (May 22, 2020)
- The NCBE's Wrong-Headed Response To The COVID-19 Pandemic (May 27, 2020)
- ABA: Ten Law Schools Are Out Of Compliance With 75% Bar Passage Accreditation Requirement (May 29, 2020)
- July Bar Exam Update: Maryland (May 29, 2020)
- Mississippi Requires Applicants Sitting For In-Person July Bar Exam To Sign Liability Waiver For COVID-19 Exposure (June 2, 2020)
- July Bar Exam Update: Louisiana, New York (June 6, 2020)
- Thirty-One States Are Pushing Forward With Their July 2020 Bar Exams Despite COVID-19 (June 10, 2020)
- California Bar Exam: July September October Online? (June 12, 2020)
https://taxprof.typepad.com/taxprof_blog/2020/06/california-deans-urge-supreme-court-to-not-leave-anguished-class-of-2020-law-grads-in-bar-exam-limbo.html
One wonders if the Court even understands the critical role law schools now play in assisting recent law school graduates prepare for the bar exam, including locations to study, financial support and review classes. The lack of transparency from the Court at a time of crisis (now social as well as health related) is inexplicable.
Posted by: Stephen Diamond | Jun 14, 2020 4:04:51 PM